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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 29818
Experience:  JA Mentor
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Attorney Lucy: YOU SAID THAT THE STATUTE OF LIMITATION in

Customer Question

Attorney Lucy: YOU SAID THAT THE STATUTE OF LIMITATION in OKLAHOMA FOR QUIET TITLE SUIT (QTS) IS : 5 YEARS. Here is a follow up Question for me to fully understand your answer: Let us use OKLAHOMA TAX RESALE EXAMPLE: - Let OWNER (A) be the ORIGINAL Home
Owner who failed to pay his Property Taxes. - Let OWNER (B) be the BUYER who bought the Property at the COUNTY TAX RESALE. - After Owner (B) bought the Property a QUIT CLAIM DEED (NOT a WARRANTY DEED) was Recorded immediately. - Let OWNER (C) be a third party
who will buy the Property from OWNER (B) sometime in the future. NOW CONSIDER THE FOLLOWING SCENARIO AND ANSWER MY QUESTION: I. SCENERIO 1.: OWNER (B) buys PROPERTY at the TAX SALE AUCTION. A Quit Claim Deed (NOT A WARRANTY DEED) was RECORDED IMMEDIATELY.
OWNER (B), the NEW BUYER Takes Physical Custody of Property. QUESTION 1: If OWNER (B) decides to sell his property to third party, OWNER (C) after TWO YEARS of ownership, can he do so WITHOUT FIRST CONDUCTING A QUIET TITLE SUIT?. Here the 5 YEARS Statute of
Limitation has not been reached. Thanks, Chris
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,
Thank you very much for opening this for me.
B would not need to file a quiet title action before selling to C.
If he is aware that someone else is encroaching his property, he can choose to bring an Action in Ejectment to have the other party removed. The benefit to doing this is that, if C has a survey done or identifies that someone else is encroaching on the property, he may choose not to proceed with the sale - no one wants to buy a lawsuit.
Note that in this scenario, if D is encroaching on the property, C only has 3 years to file a lawsuit. The time different people own the property is added together to get to 5 years. D is the one who would file the Action To Quiet Title if he then wants to become owner of the property after the 5 years are up.

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