When
one or more owners of land, the corners and boundaries of which are lost,
destroyed, or in
dispute, desire to have the same established, they may bring an action in
the district court of the county where such lost, destroyed, or disputed corners or boundaries, or part
thereof, are situated, against the owners of the other tracts which will be
affected by the determination or establishment thereof, to have such corners
or boundaries ascertained and permanently established. If any public road
is likely to be affected thereby, the proper county shall be made defendant.
Notice of such action shall be given as in other cases, and if the defendants
or any of them are nonresidents of the state, or unknown, they may be served
by publication as is provided by law. The action shall be a special one, and
the only necessary pleading therein shall be the complaint of the plaintiff describing the
land involved, and, so far as may be, the interest of the respective parties
and asking that certain corners and boundaries therein described, as accurately
as may be, shall be established. Either the plaintiff or defendant may, by
proper plea, put in issue the fact that certain alleged boundaries or corners
are the true ones, or that such have been recognized and acquiesced in by
the parties or their grantors for a period of ten consecutive years, which
issue shall be tried before the district court under its equity jurisdiction
without the intervention of a jury, and appeals from such proceedings shall
be had and taken in conformity with the equity rules.
Notes of Decisions
Cited in
41
cases (
5 in the last 5 years), 1941–2024 · leading case:
Shirk v. Schmunk, 218 N.W.2d 433 (Neb. 1974).
Shirk v. Schmunk, 218 N.W.2d 433 (Neb. 1974).
· cites it 8× “Plaintiffs brought this action under section 34-301, R. R. S. 1943, alleging title to the land in question under the theory of adverse possession and the theory of mutual recognition and acquiescence.”
Huffman v. Peterson, 718 N.W.2d 522 (Neb. 2006).
· cites it 2× “Rather, boundary disputes are properly brought as an action in ejectment or pursuant to Neb. Rev. Stat. § 34-301 (Reissue 2004). Rush Creek Land & Live Stock Co.”
Anderson v. Cumpston, 606 N.W.2d 817 (Neb. 2000).
· cites it 4× “Anderson filed an equitable action to establish the comers and boundaries between his land and the land of the defendants pursuant to Neb. Rev. Stat. § 34-301 (Reissue 1998). Anderson owns land accretive to the south bank of the Platte River, while the defendants own land across…”
Kraft v. Mettenbrink, 559 N.W.2d 503 (Neb. Ct. App. 1997).
· cites it 9× “Neb. Rev. Stat. § 34-301 (Reissue 1993). In an appeal of an equity action, an appellate court tries factual questions de novo on the record and reaches a conclusion independent of the findings of the trial court, provided, where credible evidence is in conflict on a material…”
Madson v. TBT Ltd. Liab. Co., 686 N.W.2d 85 (Neb. Ct. App. 2004).
· cites it 4× “On January 15, 2002, pursuant to Neb. Rev. Stat. § 34-301 (Reissue 1998), Westerbuhrs filed a petition in equity to establish the comers and boundaries of the disputed property.”
Matzke v. Hackbart, 399 N.W.2d 786 (Neb. 1987).
· cites it 3× “The Matzkes, the plaintiffs-appellees, brought this action in the district court for Seward County to settle a boundary dispute with their neighbors to the north, the Hackbarts, as provided under Neb. Rev. Stat. § 34-301 (Reissue 1984). The district court ordered the boundary to…”
Petsch v. Widger, 335 N.W.2d 254 (Neb. 1983).
· cites it 2× “Rodney Petsch, the plaintiff below and the appellee in this court, brought this action in the District Court for Chase County pursuant to Neb. Rev. Stat. § 34-301 (Reissue 1978) for the purpose of establishing the south boundary line to real property belonging to Petsch and the…”
Puncochar v. Rudolf, 999 N.W.2d 127 (Neb. 2024).
· cites it 3× “STANDARD OF REVIEW [1,2] An action to ascertain and permanently establish cor- ners and boundaries of land under Neb. Rev. Stat. § 34-301 (Reissue 2016) is an equity action.”
Bush Island v. Kortum, 30 Neb. Ct. App. 79 (Neb. Ct. App. 2021).
· cites it 6× “An action to ascertain and permanently establish corners and boundaries of land under Neb. Rev. Stat. § 34-301 (Reissue 2016) is an equity action.”
Babel v. Schmidt, 765 N.W.2d 227 (Neb. Ct. App. 2009).
· cites it 4× “Consequently, the district court found that the boundary was as alleged by the Schmidts in their counterclaims, filed pursuant to Neb.Rev.Stat. § 34-301 (Reissue 2008), rather than the thread of the stream.”
Layher v. Dove, 301 N.W.2d 90 (Neb. 1981).
· cites it 5× “The defendants, who were owners of the north half of the quarter section, denied that they had encroached upon plaintiffs land and, by cross-petition, prayed that the boundary line between plaintiffs and defendants’ land be established pursuant to Neb. Rev. Stat. § 34-301…”
Spilinek v. Spilinek, 337 N.W.2d 122 (Neb. 1983).
· cites it 4× “The trial court fixed the boundary at the true line, ordered defendants to remove, at their sole cost, the fence erected by them on plaintiffs’ land, directed that each side pay one-half of the cost of plaintiffs’ survey, and directed that the parties share equally the cost of…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.