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Oklahoma Land Use & Zoning Questions & Answers
2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: I have a quit claim deed that needs to be reviewed. I want to know how much of the land is given to each party?

Does Betty Rainwater retain any of the land?

Does Susan Rainwater get one half of the land?

James Tack Jr
James Tack Jr answered on Oct 21, 2021

Generally, a quitclaim deed conveys all of the interest of the grantor at the time of the conveyance. However, it all depends upon the actual terms of the deed. You will have to have the deed reviewed by an attorney.

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1 Answer | Asked in Land Use & Zoning for Oklahoma on
Q: What is the paragraph in Title 19 to read/learn about easements (33 ft) in southwest Oklahoma please
Charles Watts
Charles Watts answered on Oct 14, 2021

19-865.51 through 19-869.7 are the statutes regarding zoning of county/city/lake planning/etc... With that said, counties and cities have some flexibility to set their own limits, in which you would have to check with the county commissioners in a county, or the city codes for a city.

2 Answers | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: A neighbor has dammed and rerouted water way with dozer and excavator. Altering flood plain and threatening residence.
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

Adjoining landowners are entitled to adjacent and subjacent support of their real property. But to prove this Tort will be difficult. Some type of engineer will be a necessary expert witness here. Also contractors will have to testify as to the costs of restoring the land, that is a large part... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: Is At&t a utility that can use easement right of way and place line in ground tearing up property and placing it ...

... where they want to , using county road right away in Roger's county oklahoma, then threatened me with sherriff to have me removed for voicing my opinion. It's not right, not fair, is this a law that just tramples the rights of property owner and not the fairly takes in account... Read more »

Charles Watts
Charles Watts answered on Aug 4, 2021

Utility easements are often written into the legal description of the land. Additionally, even if not, but they have record of the utility easement and that can be proven (which from my experience they usually have their information together before doing any work) - then yes they can without... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Consumer Law for Oklahoma on
Q: entered into a rental agreement over the phone. No signed lease. Have major water septic issues do I have to pay rent

I have text messages where he stated we would work out rent after the water and plumbing was fixed. Now he is refusing to move forward fixing problems till I pay two months rent that was not our agreement what grounds do I have to stand on?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 31, 2020

Unless you have a written lease agreement the "grounds you have to stand on" are commonly called quicksand. In the absence of a written lease, your landlord can evict you at any time unless you continue to pay rent; withholding rent is a sure-fire way to get evicted.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: Can I rent out a square foot of my land, so someone can have a mailing address in my state.

I’m hoping to divide the land so people can rent it, thereby giving them an address in such state to establish residence. If they have a mailing address in which they then can get a drivers license in Oklahoma even though they don’t live at the address. Could a case of fraud be brought against... Read more »

Doak Willis
Doak Willis answered on Jul 28, 2019

Yes you can lease property that you own. Whether the folks that rent from you can establish residency within Oklahoma merely from leasing property is a different legal question. Residency is obtained by actually residing within the State of Oklahoma. That requirement is not met by merely leasing... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Land Use & Zoning for Oklahoma on
Q: How do I find out who actually owns a hotel?

Two hotels on George Nigh expressway in McAlester. One is called Hi-way Inn Express, 1217 S George Nigh and the other is Super 8 motel, 1204 S George Nigh. Google maps indicates that the Super 8 is "permanently closed", but it is obviously not closed.

Doak Willis
Doak Willis answered on Jun 21, 2019

You can go the County Clerks office and look up the owner of the land that the motel is situated upon. If it is a corporation, then you would check with the Secretary of State of Oklahoma under that corporations name to see who the registered service agent of the corporation is and contact them.

1 Answer | Asked in Civil Rights, Constitutional Law and Land Use & Zoning for Oklahoma on
Q: My house has two driveways. The original driveway and the one my grandparents had added on.

The city is now trying to ticket me sayi by the original driveway is an alley? It doesn't even go thru and is on our property is that legal?

Doak Willis
Doak Willis answered on May 18, 2019

You must check the land records to insure that the driveway the City is claiming to be an alley is indeed an alley or a part of your property. Obviously, if the driveway was built on property owned by the City and deemed an alley, the City may then enforce their rights concerning the use of that... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: My mother died 2018 w/handwritten will leaving me 2 lots bare land. How can I get it in my name w/o lawyer?

I am on SS and have very limited funds. My mother left me the land she owned, 2 lots in Grant, OK. Handwritten will, land is all there is and value is maybe $2000 or less. Is there a way to get it switched over to my name without court, lawyers and such? I want to donate it in her name to our... Read more »

Doak Willis
Doak Willis answered on Jan 21, 2019

No unless you know the probate laws of Oklahoma and can do the paperwork required to file in Court to clear up the title to the property. But you would still have to file paperwork in Court.

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1 Answer | Asked in Land Use & Zoning for Oklahoma on
Q: How much is involved in filing a petition for an injunction against trespass in oklahoma.
Doak Willis
Doak Willis answered on Aug 8, 2018

The answer to that question depends on which County you live in and the attorney you choose to represent you. Further, it could also be influenced by whom the defendants might be and the facts of the case. Generally, you probably are looking at a retainer fee of anywhere from $2000 and higher. The... Read more »

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Oklahoma on
Q: If I Live in Arkansas and the owner of the Land I lease in Oklahoma Lives in Kansas, which state do small claims

The owner is telling me she will not follow the lease agreement. In order for me to get paid I need to go to small claims court.

Gary Johnston Dean
Gary Johnston Dean answered on Apr 11, 2018

The County in Oklahoma where the land is located pursuant to 12 OS 131. Click this link to view it.

1 Answer | Asked in Land Use & Zoning for Oklahoma on
Q: Bought land that hasn't been surveyed in over 100 yrs. Put in a driveway and found out we are 104ft on undeveloped land.

The owner is fencing off our driveway in 24hours if we don't purchase 5 acre track. Can he do that?

Richard Winblad
Richard Winblad answered on Apr 2, 2018

Lots of questions here. Was the driveway in existence? If so for how long?

Was your real estate landlocked with this being the only access?

You should visit an attorney. You may have acquired an interest by adverse possession or a prescriptive easement.

1 Answer | Asked in Environmental, Land Use & Zoning, Municipal Law and Real Estate Law for Oklahoma on
Q: Public nuisance codes in small town stonrwall,OK.74871
Richard Winblad
Richard Winblad answered on Dec 31, 2017

Visit your county courthouse. The law library is supposed to have a copy of the city laws/ordinances. City hall should also have a copy.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: We have a RLT in California. Can we transfer our Oklahoma land to it Preliminary change of ownership and grant deed ?

Basically how to tx small undeveloped land to our trust made in CA. And comply w OK statutes.

Richard Winblad
Richard Winblad answered on Aug 23, 2017

This is really simple. Just need the owners names, trustee names, name of the trust and date of creation, legal description and filing fees. Really inexpensive to have an Oklahoma compliant deed created by an attorney.

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: How can we stop our neighbor from nuisance burning trash?

We live outside city limits near Enid, Oklahoma and our neighbor burns hay that has been soaked in goat urine and feces as well as burning her household trash every day. The piles are burning and/or smoldering constantly and the smell is horrible. Our home, clothes, cars, and even hair smell like... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Apr 18, 2017

Consult an Oklahoma personal injury attorney; you might have a private nuisance case which can be remedied by an injunction or money damages. Good luck.

1 Answer | Asked in Land Use & Zoning for Oklahoma on
Q: What are the things you can be paid for in Iminent Domain by the Dept. of Transportation
Mr. Jarod Morris
Mr. Jarod Morris answered on Mar 28, 2011

A landowner is to be paid "just compensation" by the government when the government takes the land by eminent domain. In the 10th Circuit (which includes Oklahoma), the determination is made by "market value." A lot of factors go into this, especially if only part of the... Read more »

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