Lawyers, Answer Questions  & Get Points Log In
Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Relatives did a memorandum of trust on a property after death the property was not in the trust or accounted for

What does that mean

James Tack Jr
James Tack Jr answered on Nov 29, 2021

If the memorandum of trust was done after the death and the property was never transferred to the trust, the memorandum would not be effective. If the property was not transferred into the trust before death, an estate proceeding will have to be instituted to transfer good title to the property.... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: I have a real estate purchase agreement where the owner died before posession of property transfered

The probate was placed in probate and ordered to be sold and hasnt zold and its been 2-1/2yrs since court order

James Tack Jr
James Tack Jr answered on Nov 7, 2021

You should contact the attorney who is handling the probate. If you don't feel like you are getting anywhere, you should consult with your own attorney to resolve the matter with the estate.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: rental property's lease expired and they keep accepting payments does that automatically renewal your lease for a year?
Richard Winblad
Richard Winblad answered on Nov 5, 2021

I don't practice in this area, but you may want to review.

https://law.justia.com/codes/oklahoma/2016/title-41/section-41-111/

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Yes I financed a price of land in Clayton ok. Since then someone has dozed about a 30 foot wide road way inside my pins?

But my issue is that it’s no a true easement shared by other lots. It’s all on mine. Can I fence it off legally. I don’t mind a equally shared easement just not all on mine.

James Tack Jr
James Tack Jr answered on Oct 29, 2021

It depends on what type of easements exist. If you got a title policy , it should have a list of easements. Otherwise you need to have the title reviewed to determine what rights you and others have. Contact a real estate attorney.

View More Answers

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Yes I financed a price of land in Clayton ok. Since then someone has dozed about a 30 foot wide road way inside my pins?

But my issue is that it’s no a true easement shared by other lots. It’s all on mine. Can I fence it off legally. I don’t mind a equally shared easement just not all on mine.

James Tack Jr
James Tack Jr answered on Oct 29, 2021

It depends on what type of easements exist. If you got a title policy , it should have a list of easements. Otherwise you need to have the title reviewed to determine what rights you and others have. Contact a real estate attorney.

View More Answers

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: What are my options? My boyfriend died very suddenly and without a will. We have lived together for a year.

So he died very suddenly and without a will. We are both on the lease. A lot of stuff he gave me when he moved in. The problem he is his ex wife wants to just come in my home and take what she deems his for his kids. What are my options??

Charles Watts
Charles Watts answered on Oct 24, 2021

Contact a probate lawyer as soon as you can because there are specific laws in how belongings are transferred upon death without a will.

View More Answers

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I'm being offered some vacant land for sale. However the current deed has two grantee names, preceded by and/or. Only

one of the grantees is offering the property for sale. Can they legally sell it to me? I don't know if that "or" is valid on a deed.

James Tack Jr
James Tack Jr answered on Oct 22, 2021

The person can sell you his/her 1/2 interest. You would own it with the other party. There is no definitive answer for a "and/or" designation in Oklahoma insofar as it concerns real property. If you want all of the property you must get both of the grantees to sign the deed. If either... Read more »

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

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: What is the para for legal easement (33 FT) in western Oklahoma Please
Richard Winblad
Richard Winblad answered on Oct 14, 2021

This varies greatly depending upon the use and whether the company has the power of eminent domain.

View More Answers

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 »

View More Answers

3 Answers | Asked in Real Estate Law and Probate for Oklahoma on
Q: My dad left me 6 acres in his will but I cannot seem to find out the process to transfer it to my name.

l

James Tack Jr
James Tack Jr answered on Sep 15, 2021

I am sorry for your loss. Wills are not effective until they are admitted to probate. The probating of a will determines that it is in fact the decedent's last valid will. In the absence of a valid will, the property is owned by all of the heirs at law. Whether there is a will or not, in... Read more »

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: My step father is trying to force me out of my mother's home, he signed a quit claim deed in a divorce/set a side.

They were legally married but he has not lived in the home since she passed, has a new girlfriend. My daughter and I have been in the home. He now wants me to move out without reason. I am my mothers only child and he signed a quit claim deed to my mother. Where do I stand with this. She didnt have... Read more »

Anna L Self
Anna L Self answered on Aug 18, 2021

If he signed a quit claim deed assigning his interest to your Mom then the house belongs to her. You should get a probate on file asap. As her only child you are her natural heir and the house should go to you but you have to have a Court determine that. Good Luck!

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: house has been unattended for 15 years. The yard is over grown and house is falling apart. Could I claim it as my own
James Tack Jr
James Tack Jr answered on Aug 16, 2021

Not enough information to answer . What is your relationship to the house? Who are the owners? Who is in possession of the house? Contact an attorney to discuss the details and determine a course of action.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Mobile home

My mom and dad own my mobile home here in Oklahoma City. My dad passed away about five years ago and my mom wants to know what we need to do to put in my name.

Charles Watts
Charles Watts answered on Aug 15, 2021

It depends on how things are set up. If it is for the land that the trailer is located that could be a simple quit claim deed. If there is a lender involved then you will have to deal with them directly.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: my mother and i invested in a home together. We are both on the deed. my brother just took over as her power of attorney

Can my brother sell the home?

Charles Watts
Charles Watts answered on Aug 13, 2021

You will want to consult with an attorney in person with all the details. However, he can either sell you his portion or he can file an action for it to be sold if you cannot buy him out. However, generally he cannot simply sell it without you consent since you are also on the deed. However, you do... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Two unrelated people are listed on a deed for 3 city lots: John Doe and/or Sue Smith.. Do both have to sign quitclaim?

Property is unoccupied. Deed says lots 16, 17, 18. Trying to buy land from John Doe and he says he has to get Sue Smith to agree. I think Mr. Doe is in danger of losing his property if Ms. Smith wanted to take it from him since the deed is and/or. Please help.

James Tack Jr
James Tack Jr answered on Aug 12, 2021

There is no clear answer on "and/or" in a real estate title in Oklahoma. To pass good title, both John Doe and Sue Smith, and their spouses, if any, would have to sign a deed.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Nephews want to buy my 1/3 undivided interest in land we inherited together using promissory note. Is is this advisable?

My mother died in '06 w/o will. Judgement was filed and recorded in Muskogee county, Ok in 2012 showing myself and only son of my deceased sister each being owner of 1/3 undivided interest. My deceased brother's 4 children were shown to have 1/12th undivided interest. Two of the owners of... Read more »

Charles Watts
Charles Watts answered on Aug 10, 2021

First and foremost, ask yourself if this were a stranger would you do it. If not, then do not do it just because they are family by some degree. Contracts are there to help keep friends friends, family family, etc.... Without one, you are often inviting trouble upon yourself. If they have good... Read 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... 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 Real Estate Law for Oklahoma on
Q: if there are three names on deed yet two are husband and wife, do they hold the majority if property is sold?

in Oklahoma

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

It depends upon the wording of the deed. Without specific wording they each own an undivided 1/3 interest. Each can do with their interest as they please. There is no "majority vote." The only way one interest owner (whether owning 1/3 or 2/3) can cause the other owners to sell their... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My father in law passed away 15 years ago , my mother in law now wishes to sell the house they shared ( bought in 1989)

The deed is in both their names but apparently is not listed as joint tenancy or survivorship , can she sell the house since her name is on the deed and he passed or does it have to be probated from 2006 ( year he died ) (home value is approx 40k)

James Tack Jr
James Tack Jr answered on Jun 25, 2021

If the property was not in joint tenancy, your father's 1/2 interest in the property would have to go through probate in order to pass good title. His interest would go to his heirs at law if he died without a will or would pass to those named in his will. In either case, his interest would... Read more »

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.