Ask a Question

Get free answers to your Land Use & Zoning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oklahoma Land Use & Zoning Questions & Answers
1 Answer | Asked in Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: Once a zoning law is put in place, can it be reversed? Our county clerk says once a law is in place it can’t be changed?

Craig county in OK., is getting ready to vote on zoning concerning wind turbines. The county clerk states once in place it’s basically there forever.

Charles Watts
Charles Watts
answered on Oct 7, 2024

The answer technically is yes it could be reversed .... Theoretically it is not in place forever, but to remove it takes the same procedures as it does to add it. In other words, if your county commissioners are required to have 75% approval to pass something into law, then to 'change'... View More

1 Answer | Asked in Civil Rights, Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: How do I make to where I don't have to mow my yard? How can I make this work to feed the bees and let nature be natural?

I wanna feed the bees w/ the natural growth of my yard, I don't have time to plant flowers or mow my yard. I don't have the money nor the time to take care of it and I love suppling the wild life with a safe natural home and food. It's my home I don't see what's wrong with... View More

Charles Watts
Charles Watts
answered on May 8, 2024

While I understand your preference, the city is allowed to enact city codes for the safety and welfare of the citizens within the city limits. Tall grass is one of these items because, whether we agree or not, can create a hazardous condition in the event of grass fires. Unfortunately this... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Municipal Law for Oklahoma on
Q: County refuses to clean a culvert and it floods our property. What can we do?

This has been an ongoing process for more than two years. They say they don’t have the equipment to maintain.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

In Oklahoma, if the county refuses to clean a culvert resulting in flooding on your property, you may have legal options to address the situation. First, you could attempt to resolve the issue through direct communication with the county authorities, highlighting the impact of the flooding on your... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for Oklahoma on
Q: Can the city or county put a walking trail through private property without contacting the owner of record. oklahoma
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

In Oklahoma, the city or county generally cannot put a walking trail through private property without first contacting the owner of record and obtaining proper authorization. Building a public walking trail on private property involves the use of eminent domain, which allows the government to take... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: What rights do grantees have regarding a Warranty Deed in Oklahoma on undivided land?

If there are 3 grantees listed on a Warranty Deed in Oklahoma and one of the grantees obtains a loan against the property, would they need the permission/signatures of the other 2 grantees before doing anything with the property (undivided property)? And if the signatures were falsified, what legal... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2023

If all 3 owners did not sign the loan, then it is very difficult for the lender to take the .property back in a foreclosure. If signatures were forged then the non borrowing owners can sue the lender and the other owner for fraud and to set aside the mortgage of record. The notaries can be... View More

View More Answers

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Oklahoma on
Q: Bought a house from heritage housing in Oklahoma City. Signed all the paperwork and put down $2500 about three month ago

Got notified today a week before delivery price had gone up $7000. Can they do that? After I’ve already signed and paid a deposit?

Charles Watts
Charles Watts
answered on Dec 20, 2021

You should contact an attorney who can review your contract and paperwork to determine if they have that ability or not.

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.

View More Answers

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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... View 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... View 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... View 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... View 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... View 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... View 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.

View More Answers

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... View 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 http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=93676 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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.