Posts

Showing posts from 2014

Adverse Possession in Oklahoma

One of the most misunderstood aspects of land ownership in Oklahoma (or anywhere) is adverse possession. It is a very complicated legal issue and should always involve a qualified real estate attorney. Many people believe that possession is 9/10ths of the law. In real estate, this is not true. Before adverse possession can ripen into fee ownership, several things must happen. Only one of which is occupying the land in question for 15 years. This article is not comprehensive and should not be taken as legal advice but only as a starting point if you think you have a claim or if an adverse claim is being made against your land. Five elements muse be met before an adverse possession claim can be made. Even then, the claim must go through the court system to make the claim into a fee ownership (deed). It does not just happen automatically, even if the criteria below are met. The five elements are listed below with a brief (non-lawyer) explanation: Actual : This means you m

Trespass and Surveyors

Image
The trespass Statute in Oklahoma (OS Title 21 Chapter 70 Section 1835.2) has needed some work since it was passed in 2006. I am not sure of the history of 1835.2 but it somewhat conflicts with 1835. 1835 gives Land Surveyors in the performance of their duties immunity from criminal trespass. Something that is necessary for us to meet the State Minimum Standards for Land Survey ing. In 2006, Section 1835.2 was passed which still protected us from criminal trespass although adding a paragraph which lists a group a people that must leave the property if asked to do so orally or in writing. They include: Registered land surveyors in the performance of their professional services Registered professional engineers in the performance of their professional services  persons making a delivery  persons selling a product or service  persons conducting a survey or poll persons working on behalf of a candidate for political office  Now maybe I am just overly sensitive, but it s