Q: Is it better to get a lawyer and a land surveyor from the city, town or county that the land is located in?
Dad passed away without leaving a will. Mom/ widowed wife is still alive. we live in okc but the land is in antlers ok. we know that a neighbor has rebuilt his fence on our land, hence taking land away from us.... im guessing encroachment or homesteading???... its only 10 acres but i am needing to get this taken care of bc my moms health is not so great and my disabled sister (autism and MR) need to move in with me so they can have supervised care via me... but i need a bigger house. im not sure about mineral rights... ive been told one thing but i doubt it... lol.
Thank you so much for your time with this matter.
Wendi
A:
I personally think that it does not matter whether you have a lawyer or land surveyor from the city, town, or county in which the land is located.
Oklahoma real property law is the same throughout the state. Therefore, a lawyer who is competent to practice real property law in Oklahoma, should be competent to practice real property law anywhere in the state. The same with land surveyors; if a land surveyor is competent to practice in Oklahoma, he should be competent to practice anywhere.
There are two points, you should consider:
1. If you have to file a case in court, it is generally better to have an attorney who is familiar with the local judges. Now, many attorneys regularly practice in counties where they do not reside, and so even an out-of-town attorney may be familiar with the local judges. As for a surveyor, though, I don't think it matters whether the surveyor is familiar with someone in town.
2. If you hire an attorney or surveyor from a long distance away, they may charge you extra for the mileage, if they have to drive a long distance to provide services for you.
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