An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Nebraska Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property
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How to fill out Complaint, Petition, Or Declaration For Recovery Of Possession Of Property Due To Fence Built By Adjoining Landowner On Plaintiff's Property?
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FAQ
A fence should not be installed within 10 feet of a sidewalk, street, or property line. If it is less than 30 feet from the curb, you can a 6-foot fence panel. If it is more than 30 feet, a fence should not be installed at all.
Property Lines and Tree Laws in Nebraska Nebraska law states that adjoining owners must keep the division fence in good repair and that includes removing or trimming trees when they interfere with the condition of the fence. If your neighbors do not comply with this law, you can sue them for private nuisance.
For many years, Nebraska has been a fence-in state, in which livestock owners are liable for any damages caused by trespassing livestock. This trespass liability created an obligation on the part of livestock owners to restrain the animals, but not a specific requirement that the animals be fenced in.
The need for a permit to a front yard fence can vary depending on your location and local regulations. You must check with your municipality or local building department to determine if a permit is required. They can provide specific guidelines and information regarding the permit application process.
For a fence under 7' 0" high and in the side or rear yard, NO permit is required. For a fence under 7' 0" high and either on a corner lot or at or near a driveway/alley, the applicant will be required to have the City Public Works Department review the fence request for compliance with City Sight Distance Standards.
One who claims title by adverse possession must prove by a preponderance of the evidence that he has been in actual, continuous, exclusive, notorious, and adverse possession under claim of ownership for a full period of ten years.
The maximum height allowed for a fence within a required front yard or street yard setback is four (4) feet. The maximum height in the rear or side yard is six (6) feet. You can find your setbacks in the Site Development Regulation table.
