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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: There are 7 heirs for an estate, it's already been probated and all heirs get 1/7 of land each, so one of the heirs

Granddaughters started cutting down trees or branches on the land where her grandfather lives. (Part of the estate)

Can she get in trouble for that or fined?

She didn't come to the family to ask permission to do this.

Anthony M. Avery
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Anthony M. Avery
answered on Sep 26, 2022

She has a right to cut trees on her own land. Other tenants in common might sue her for contribution or a partition.

2 Answers | Asked in Real Estate Law, Divorce and Tax Law for Oklahoma on
Q: There is no mortgage on my home , can the court make my house go to sherrifs sale?

In a divorce we as ordered 7yrs ago for my house to be sold and property be sold , divi50/50 . Now court is trying to make my home go to sherrifs sale. Nothing is owed on my home

Charles Watts
Charles Watts
answered on Sep 10, 2022

Could be for property taxes. Those are yearly regardless of a mortgage or not.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: What can be done if you find out a corner of your home is over the property line. Home built 15 or so years ago.

We have a contract to sell the property and the surveyor said part of home over property line. What can we do to be able to finalize sale?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 31, 2022

You are not able to sell the home, as you will be sued for warranty breaches and unmerchantable title. Hire a real property attorney, not a title company, to search both Titles and attempt to get a Boundary Agreement with the adjoining owner. You may have to pay him for the encroachment. Record... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Oklahoma on
Q: If I’m representing myself how do I respond to quiet title

So the lady about the house from died she had a guardian that’s trying to take me to court for the house and trying to quiet title I am representing myself I need to know how to respond to that quiet title

Anthony M. Avery
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Anthony M. Avery
answered on Aug 29, 2022

If you believe you have an ownership interest, and/or live there, you will have to hire an attorney. Quiet Title Actions are usually complex. To start with, have you even searched the Title?

1 Answer | Asked in Divorce, Personal Injury and Real Estate Law for Oklahoma on
Q: I got screw ultra big time by a realitor who sold my house to her investor buddy I have try to sue but have reverse dee

The realtor had scam artest investor do and inspection then he ask for a price reduction of $1000.00 I said no but the realtor trick my divorce into says yes and it closing it went for a $1000 less. So lost $500 on sale of house. I have huge emotion stress over this. I want to sue but she claim... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 12, 2022

Sorry, but I don't think that you have a case. The divorce court apparently approved the sale, and 7 years later your claim would be barred by the statute of limitations.

It's time for you to move on and get over this.

1 Answer | Asked in Real Estate Law and Agricultural Law for Oklahoma on
Q: Does electric company has 100% approval to clear cut the easement of trees if for 50 Years they have been trimming
Charles Watts
Charles Watts
answered on May 19, 2022

If they have a utility easement then yes they can clear the trees out.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: How does property pass from one generation to the next if there was originally no will?

My mother is 80 she has been taking care of her parents property with the help of me and my siblings for many years. Her father died in 1966 and mother in 1985. They died with no will in place. Since that time she has paid the property taxes and all upkeep. She had 4 siblings all deceased now. None... Read more »

James Tack Jr
James Tack Jr
answered on Feb 15, 2022

She should consult with an estate planning/ real property attorney. It is likely you will need to obtain deeds from the children of her siblings, file one or more probate cases, a quiet title suit or some other action to resolve the issues created by the length of time since her father's... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If 2 people share ownership of property can the 1 with the majority of ownership force the other to sale
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 28, 2022

Assuming there is sufficient equity and a certain title, any tenant in common can file an Action for a Sale For Partition.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I'm selling a house I own to my son. Do I still have to have the abstract brought up to date? I bought house 6 yrs ago.

Bought a house for son to live in while in school. I'm now selling him the house. Is there any reason to have abstract done again?

James Tack Jr
James Tack Jr
answered on Jan 23, 2022

Generally, the answer would be no. You should know everything that has happened to the title of the property. If he is borrowing money from a bank, they will require updated insurance.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Does every mortgage/lien on real estate or land require a deed of trust to be filed as well in the state of Oklahoma?
James Tack Jr
James Tack Jr
answered on Jan 23, 2022

A mortgage is sufficient to secure an indebtedness. Deeds of Trust are not used in Oklahoma. If there is one it is simply treated as a mortgage.

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
PREMIUM
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.

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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.

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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.

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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.

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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
PREMIUM
Richard Winblad
answered on Oct 14, 2021

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

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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
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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