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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Is there a prescriptive easement law in Oklahoma. If so could

Customer Question

Is there a prescriptive easement law in Oklahoma. If so could you tell me about it?
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

Every state has some form of a prescriptive easement either at common law or under statute. Oklahoma is no exception. What specifically do you wish to know?
Customer: replied 2 years ago.
I want to know the law. I would like to read the conditions under which a prescriptive easement would be legal.
Expert:  Dimitry K., Esq. replied 2 years ago.
Sure thing, I would be happy to assist.

Prescriptive easements are very similar to adverse possession laws, with the difference being that adverse possession grants someone ownership in the property, but precrptive easements provide an easement even against the wishes of the owner. The law that governs is very short and very direct, and is listed under the Oklahoma Code § 60-333. I took the liberty of finding a copy of it for you for review:

R.L.1910, § 6747.
§60 333. Prescription, title by.

Occupancy for the period prescribed by civil procedure, or any law of this state as sufficient to bar an action for the recovery of the property, confers a title thereto, denominated a title by prescription, which is sufficient against all.


The full property code (all 325 pages of it), is at the link below:

http://law.justia.com/codes/oklahoma/2010/Title60/Title60.html

For the statutory limitation, look to §12-93 of the Oklahoma code, specifically subsection 4. It is located on page 25 of this link, and states that there is a 15 year statutory requirement before a prescriptive petition can be pursued:

http://docs.google.com/gview?url=http://law.justia.com/oklahoma/codes/2010/Title12/rtf/Title12.rtf&chrome=true

Good luck.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38354
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 6 other Legal Specialists are ready to help you
Expert:  Dimitry K., Esq. replied 2 years ago.
My apologies if you felt as if I did not address your question fully. Would you like a basic explanation of what an adverse possession/prescriptive easement is based on Oklahoma law? I assumed that when you asked to read the conditions, you wanted to review the law rather than a layman explanation.
Customer: replied 2 years ago.
Yes please
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

Not a problem, the layman explanation is much easier than looking up those statutes anyhow, although they remain the final law behind the explanation.

To acquire a prescriptive easement, you would have to show that the use of the easement has been:
1. "Open and notorious" (a legalese statement meaning the use was not hidden from anyone)
2. Adverse (contrary to the wishes of the owner, meaning there was no formal permission provided)
3. Continuous and uninterrupted
4. For the statutory period (the period in Section 12-93 I provided above of 15 years)

Only if all of those conditions are satisfied would it give rise to a possible easement by prescription.

Hope that clarifies.
Customer: replied 2 years ago.
Thank you so much. I'll try to phrase my questions better in the future
Expert:  Dimitry K., Esq. replied 2 years ago.
Not to worry, I prefer that you obtain what you are seeking, and since typing is at times imperfect, it is not an issue for me to explain further if I can.

Good luck.

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