Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

Is there a prescriptive easement law in Oklahoma. If so

could you tell me about...
Is there a prescriptive easement law in Oklahoma. If so could you tell me about it?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
11/3/2011
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
Verified
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?
Ask Your Own Real Estate Law Question
Customer reply replied 6 years ago
I want to know the law. I would like to read the conditions under which a prescriptive easement would be legal.
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 Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
Verified
Dimitry Esquire and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
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.
Ask Your Own Real Estate Law Question
Customer reply replied 6 years ago
please
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.
Ask Your Own Real Estate Law Question
Customer reply replied 6 years ago
Thank you so much. I'll try to phrase my questions better in the future
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.
Ask Your Own Real Estate Law Question
Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Dimitry Esquire is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

41,221 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Wanting to get information about an easement for my neighbor
wanting to get information about an easement for my neighbor and I installing a water line for both of us, Deschutes County Oregon … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers
How to prevent prescriptive easement Arizona law. Az
How to prevent prescriptive easement Arizona law JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: Az JA: Has any paperwork been filed? Customer:… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I'm in ne and would like to know the law on an easement by
Second opinion] I'm in ne and would like to know the law on an easement by prescription. We have used a neighbors path to our landlocked property for 30+ years. Now suddenly we are dealing with padloc… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
There is an easement on my property (major water pipe). Is
There is an easement on my property (major water pipe). Is there anything I can do to have it relocated? It's on the only tiny bit of flat land we have where we want to create a play structure for our… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I'm in ne and would like to know the law on an easement by
I'm in ne and would like to know the law on an easement by prescription. We have used a neighbors path to our landlocked property for 30+ years. Now suddenly we are dealing with padlocked gates denyin… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I own 10acres in Ca. On my property there is an easement
I own 10acres in Ca. On my property there is an easement that goes right by my house. I would like to know if I have the right to move that easement. as long as it is as accessible as the original roa… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
We are an improvement dist in Kansas and have an easement
We are an improvement dist in Kansas and have an easement for a water line on a property. The owner wants to build a retaining wall that will cross over the water line. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,514 satisfied customers
Land owner A had an easement running the entire length of
Land owner A had an easement running the entire length of his property. He sold the land to B AND did not include the easement. Landowner B sold part of his land to me with no easement. Is the origina… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Q: Are easements taken by fraud by a private crude oil
Q: Are easements taken by fraud by a private crude oil pipeline, pretending to be a common carrier, void and null? hello, what is the total cost to answer an eminent domain pipeline question? $5 good … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,514 satisfied customers
Does a prescriptive easement have a value for probate
Does a prescriptive easement have a value for probate purposes when passing from a mother to her children? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
Who is responsible for taxes on an easement on proerty that
Who is responsible for taxes on an easement on proerty that a house sits on in a development that is considered private property by the county and the developer is still in there. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Is the easement laws the same everywhere.The property in in
Is the easement laws the same everywhere.The property in in WV . … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Define a non-exclusive easement for ingress and egress.. The
Define a non-exclusive easement for ingress and egress … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,514 satisfied customers
A service club has an easement with the city "for ingress
A service club has an easement with the city "for ingress and egress to maintain" a monument. The monument is on city land, not the service club's land. (They don't have any land.) Does that mean the … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have an easement question- Our neighbors have an easement
I have an easement question- Our neighbors have an easement over our property for road access. they use it to go to their campground behind us. Can they drive unregistered vehicles on our property (th… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,899 satisfied customers
Easement and gate issues. Colorado. Not in court, but
not in court, but negotiations with both side lawyers, yes … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have an easement question in Colorado, Colorado, not in
we have an ingress and egress easement to our property, 30 ft. We sometimes have to park on the easement in the Winter, because we cannot get up our road, 1 mile up a mountain. so we have a chained up vehicle to get up and park our daily car at the bottom of the hill, on the easement. the owner of the property says now, no parking on easement. Isn't this our easement and can he say not to park in bad weather conditions, or visitors not parking to visit us on the mountain, because they don't have a truck to get up the hill?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is an easement leading directly to the water in the
Is an easement leading directly to the water in the neighborhood public or private and can it be restricted by the association? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x