Adverse Possession in Oklahoma is also known as Title by prescription. This is also known as Prescriptive claim, Hostile possession, Squatter’s Rights, Acquisitive prescription, and Possession under a claim of right. Regardless of what you call it; Adverse Possession is a legal doctrine that allows a person to perfect his/her claim of ownership over a specific area of real property. Adverse Possession does not happen automatically. However, when a person claiming ownership of land by Adverse Possession satisfies all the legal requirements, Oklahoma courts will recognize the Adverse Possessor’s ownership claim as superior to all other titles and claimants.
How to Establish Adverse Possession?
Oklahoma statutory law allows individuals to acquire property by “prescription” (Adverse Possession). The specific statutory authority provides, “(o) occupancy for the period prescribed by civil procedure, or any law of this state as sufficient to bar an action for the recovery of the property, confers a title thereto, denominated a title by prescription, which is sufficient against all.” 60 Okla. Stat. § 333. The statute’s wording may leave a layperson with more questions than clarity. But the Oklahoma courts have helped explain the doctrine of Adverse Possession more clearly in their decisions, making it easier to understand. The courts have explained, for a claimant to acquire possession by prescription (Adverse Possession) of certain real property the following must be established:
1. Claimant must have “Possession” of the real property.
2. The “Possession” must be “open, visible, continuous, and exclusive.”
3. The “Possession” must also be “actual, notorious, and hostile.”
4. “Possession” must be “with a claim of ownership.”
5. The claim must be “against all titles and claimants.”
6. The “Possession” and “Claim” must extend for a period of 15 Years.
Loris v. Patrick, 1966 OK 79, ¶ 7, 414 P.2d 249; Willis v. Holley, 1996 OK 107, ¶ 6, 925 P.2d 539. Bank Of America, N.A. v. Unknown Successors of Sarah Jane Lewis, 2014 OK CIV APP 78, 336 P.3d 1034.
Defeating Adverse Possession Claims
An Adverse Possession claim can be defeated by invalidating one of the key elements outlined by Oklahoma courts. For instance, because hostility is a required element, proving that the Claimant was in possession of the subject real property with the owner’s permission will effectively defeat an Adverse Possession claim. Similarly, if the Claimant’s possession was not continuous a claim under Adverse Possession will not stand. Successful Adverse Possession claims can result in inequitable conclusions. For example, a successful Claimant, perfecting his/her claim of ownership to an Acre of land from a landowner, has obtained ownership of property, for which the unsuspecting landowner has paid 15 years of property taxes for the property taken. To address this the Oklahoma legislature is working to amend the law which authorizes individuals to acquire property by “prescription.”
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The Laws May Be Changing in Oklahoma
Working to protect Oklahoma landowners, the Oklahoma legislature are working to amend the statute which authorizes individuals to acquire property by “prescription” (Adverse Possession). The new language, as stated in Senate Bill 350 would provide that. It informs us “(i)n any action to establish title to land, no possession of such land shall be deemed adverse to the owner in such manner as to establish title or rights in and to such land if the owner has paid and discharged all taxes and assessments due on the land during the period the adverse possessor claims to have possessed the
Oklahoma City Civil Litigation Attorneys
If you’re facing a property dispute and it involves an adverse position in Oklahoma it is important to understand the current law. It’s also important to be aware of changes being considered by the legislature. Our civil litigation attorneys deal in various civil law disputes involving land and most other matters. For a free consultation with civil and business lawyers at Kania Law – Oklahoma City Attorneys call us today at 405-367-8710. You can also reach us by following the link and asking an online legal question.
