Q: How to enforce easement rights for water station access in OK?
As the manager of a rural water district in Oklahoma, we have a property owner trying to prevent access to a water booster station on his land, which has been in service since 1990. We hold a written legal easement filed in the courthouse, but the new owner, who recently moved from Texas, claims it is invalid without a contract with him. How can we legally enforce our easement rights to access and maintain our infrastructure?
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A:
To enforce your easement rights, the first step is to provide the new property owner with a copy of the recorded easement agreement. Since the easement was filed in the courthouse and has been in place since 1990, it is legally valid, regardless of the owner's new status. The easement document should outline the rights for access to the water booster station and maintenance, which should be clearly communicated to the property owner.
If the property owner continues to obstruct access, you may need to take legal action to enforce the easement. You could file a lawsuit in the local court to request an injunction that requires the owner to allow access and prevent further interference. The court will likely uphold the recorded easement, as long as it is clear that the easement rights are legal and properly documented.
It may also help to consult with a local attorney who can assist in navigating the enforcement process, especially if the owner is unwilling to cooperate. If necessary, your attorney can also advise on any further legal actions that may be required to ensure continued access to the water booster station.
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