Detailed answer — what owners need to know and the steps to take

If someone is occupying your property without your consent before you sell it, you generally cannot use “self-help” (changing locks or physically forcing them out). Nebraska law treats most removal actions as either a civil eviction/forcible entry and detainer or, in rare cases, a criminal trespass. The correct procedure depends on whether the occupant has any claim to the property (for example, a month‑to‑month tenant, a licensee, or someone claiming adverse possession) or is simply squatting.

1) Identify the occupant’s status

• Unauthorized trespasser / squatter: no lease, no written permission, and no legal claim.
• Unlawful tenant: previously had permission or a rental relationship that ended but remains in possession.
• Person claiming title (adverse possession): claims long-term ownership based on possession.

2) Immediate actions to protect your rights

• Document possession: take dated photos and videos, log dates you first learned of the occupant, and keep copies of any communications (texts, letters).
• Do not physically remove the occupant or their belongings yourself. Nebraska law generally prohibits forcible self-help and doing so can expose you to criminal or civil liability.
• If you reasonably fear damage, theft, or violence, call local law enforcement and describe the situation. Police may intervene if the facts support criminal trespass; otherwise they will advise you to seek a court order.

3) Civil removal: Forcible entry and detainer or eviction

Most property owners must file a forcible entry and detainer (eviction) action in the county court where the property sits to remove an unauthorized occupant. The county court can issue an order directing the occupant to vacate and can authorize the sheriff to remove them if they refuse. You should:

1. File a complaint in county court asking for possession and any statutory damages or costs allowed.
2. Serve the occupant with notice and the court summons according to Nebraska rules.
3. Attend the hearing. If the court orders eviction and the occupant still refuses, the sheriff will enforce the order.

Search Nebraska statutes relevant to forcible entry and detainer here: Nebraska laws — forcible entry and detainer.

4) When criminal trespass applies

If an individual enters or remains on the property after being notified to leave and the facts meet the elements of criminal trespass, law enforcement may arrest or remove them. Criminal trespass typically requires notice (oral, written, or posted) that the person is not allowed there. If in doubt, ask law enforcement whether the situation rises to a criminal matter before relying on them to remove the person.

5) Adverse possession claims

Someone who has possessed land for the length of time required by Nebraska law under the conditions set by statute (open, notorious, exclusive, continuous, and hostile) may attempt to acquire title by adverse possession. Adverse possession claims are complex and require proof of statutory elements. If you suspect someone will claim title based on long-term possession, consult an attorney promptly. Search Nebraska statutes relating to adverse possession here: Nebraska laws — adverse possession.

6) Special considerations before a sale

• Title insurance: inform your title company and put the closing on hold until possession is clear. Title companies often require clear possession and may refuse to insure until the occupant is removed.
• Buyer communications: be transparent with any prospective buyer. Buyers typically will not want to close until the occupant is removed or will ask for indemnities or price adjustments.
• Quick remedies: if the buyer is willing to close with escrow fees or indemnity, discuss options with your title company and attorney. In many cases, sellers prefer to complete eviction before closing.

7) When to hire an attorney

Hire a Nebraska real property attorney if:

• The occupant refuses to leave after notice.
• There is a dispute about whether the occupant is a tenant, licensee, or has a claim of right.
• Someone claims adverse possession or the facts suggest a long-term possession claim.
• You need to coordinate eviction before a sale and want to minimize closing delays.

Because eviction and title issues vary by county and by facts, an attorney can file the proper complaint, obtain a speedy hearing when appropriate, and coordinate with the sheriff and title company to clear title for closing.

How long will removal take?

Timelines vary. An uncontested forcible entry and detainer case can take a few weeks; contested cases or claims of tenancy may take longer. Criminal removal by police happens only if the facts meet criminal statutes. Plan for potential delays when you are scheduled to close.

Helpful Hints

• Preserve evidence: photograph the occupant, any signs of occupancy (furniture, utilities), and the property condition with timestamps.
• Keep all communications in writing when possible. If you speak by phone, make dated notes of the conversation.
• Do not remove belongings or lock out the occupant without a court order. That can expose you to liability for wrongful eviction.
• Contact your title company immediately; they often have procedures and preferred counsel for clearing possession issues before closing.
• Consider a security or property manager to monitor vacant property and deter future squatters while legal steps proceed.
• If you suspect the occupant may claim adverse possession, document any interruptions to that possession (visits, notices, attempts to prevent occupation)—these facts matter if the claim reaches court.