Do You Need a Lawyer for Buying or Selling Land in Nebraska in 2026?
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By
Bart Waldon
Nebraska’s landscape is as varied as its land market—productive cropland in the east, wide-open grazing country in the Sandhills, and everything in between. If you’re buying or selling land here, the big question is often the same: do you actually need an attorney, or can you close the deal without one?
Today’s answer starts with the market reality. Values have moved fast in recent years, and different land types have shifted in different directions. Nebraska farmland values hit a record $4,015 per acre in 2024—up 5% from 2023—according to the Nebraska Farm Real Estate Market Survey via Farm Progress. In 2025, statewide agricultural land values declined 2% to an average of $3,935 per acre (down from $4,015 in 2024), according to the University of Nebraska–Lincoln Center for Agricultural Profitability. Even with that dip, momentum may still be building: Nebraska farmland values increased by 1.90% entering 2026, per Farm Credit Services of America.
The Legal Lay of the Land in Nebraska
Buying or selling land isn’t like selling equipment or signing a simple bill of sale. A land transaction can involve layered legal rights and obligations—title history, easements, boundary issues, mineral rights, water access, leases, conservation programs, and financing terms that can create long-term risk if the paperwork is wrong.
Nebraska law does not require you to hire an attorney to buy or sell land. But in a market where pricing and returns vary sharply by land type—and where small document mistakes can become expensive disputes—an experienced real estate attorney can reduce risk, clarify your options, and help you close with confidence.
Why Market Conditions Make Legal Precision More Important
Not all Nebraska land is valued the same, and those differences often show up in the contract details. In 2025, dryland cropland without irrigation potential averaged $4,460 per acre, down 2%, according to the 2025 Nebraska Farm Real Estate Market Survey. Center pivot irrigated cropland values declined by 4% statewide in 2025, per the 2025 Nebraska Farm Real Estate Market Survey. Meanwhile, nontillable grazing land values increased by 5% to $1,230 per acre in 2025, according to the 2025 Nebraska Farm Real Estate Market Survey, and hayland values rose 3% to $2,410 per acre, per the 2025 Nebraska Farm Real Estate Market Survey.
Regional differences matter, too. In Nebraska’s Northeast district, nontillable grazing land increased 6% to $2,980 per acre in 2025, according to the 2025 Nebraska Farm Real Estate Market Survey. When land values (and land types) diverge like this, the “fine print” becomes more than paperwork—it becomes your financial protection.
When Hiring an Attorney Is the Smart Move
1) You need a plain-English contract review
Purchase agreements, deeds, addenda, and closing documents often include terms that look standard but can shift risk dramatically. An attorney can explain what each clause does, identify missing protections, and help you avoid signing something that limits your rights after closing.
2) You want stronger due diligence and title protection
A lawyer can coordinate or review title work and help spot red flags—liens, unreleased mortgages, old easements, access problems, boundary uncertainties, or survey conflicts—before you buy a lawsuit along with the land.
3) The land has specialized income or valuation dynamics
If you’re evaluating the land as an investment, the numbers can be tight. In 2025, capitalization rates for dryland cropland in Nebraska averaged 2.0% to 3.2%, according to the 2025 Nebraska Farm Real Estate Market Survey. When returns are in that range, contract terms on leases, possession dates, repairs, improvements, and soil or crop-related representations can materially affect your outcome—areas where legal review pays off.
4) Zoning, land use, or future development is part of the plan
If you’re changing how the property will be used—adding structures, converting to rural residential, subdividing, or exploring commercial uses—an attorney can help you navigate zoning rules, permitting, and restrictions that can derail plans after you close.
5) The deal includes “extra layers”
Mineral rights, water rights, family transfers, 1031 exchanges, seller financing, inherited property, conservation easements, or properties with multiple owners all benefit from legal oversight. These deals can still close without an attorney, but they carry a much higher risk of expensive surprises.
When You Might Be Able to Buy or Sell Without an Attorney
You may be able to handle a land transaction without legal help if it’s truly straightforward: a clean title, clear boundary lines, standard terms, and no unusual rights or restrictions. Buyers and sellers who have completed multiple transactions—and who work with reputable professionals (title company, surveyor, lender, and a knowledgeable land agent)—sometimes choose a DIY approach.
Cash transactions can also be simpler, especially when there are no financing conditions and the title is clear. Even then, many people still choose a limited-scope attorney review for the purchase agreement and closing documents, because a quick legal check can prevent long-term problems.
The DIY Approach: Benefits and Risks
Potential benefits: lower out-of-pocket costs, fewer meetings, and faster decisions.
Real risks: missing title defects, overlooking easements or access issues, misunderstanding possession and lease terms, and signing contracts that shift liability to you. Land is a long-term asset, and Nebraska’s market has shown it can change direction quickly—rising to a record in 2024, dipping in 2025, and showing new upward movement entering 2026 based on available data from the sources above.
How to Decide: Lawyer or No Lawyer?
Make your decision based on risk, complexity, and deal size—not just habit.
- Consider hiring an attorney if the property is high value, the contract is nonstandard, you have concerns about access/title/boundaries, or the land has special rights (water/minerals/leases/easements).
- Consider going without an attorney if the transaction is simple, the title is clean, and you have strong professional support from a title company and other qualified experts.
If you need to sell on a tighter timeline, you may also explore alternatives like working with a land-buying company that can close with cash—often at a discount in exchange for speed and certainty. If you’re considering that route, you can review options for selling land quickly in Nebraska here: Land Boss.
Final Thoughts
You don’t always need an attorney to buy or sell land in Nebraska—but having one can make the process smoother, safer, and easier to understand. In a market where values vary by land type, region, and income potential, the contract details matter. Do your homework, ask direct questions, and get the right level of professional help for the complexity of your deal.
