The Law of Adverse possession is a legal doctrine that allows a person to claim ownership of land under certain conditions, even if they do not hold legal title to it. In Oklahoma, the law of adverse possession is in the state statutes and requires specific criteria for a successful claim. Here, we’ll discuss the requirements and the process to claim property under the law of adverse possession.

Key Requirements for Adverse Possession

To claim adverse possession in Oklahoma, you must meet several specific conditions:

1. Actual Possession: The claimant must physically occupy the land. This can involve building structures, farming, or otherwise using the land in a manner consistent with ownership.
2. Open and Notorious Possession: The possession must be visible and obvious. This is so that the true owner is aware that someone is claiming the land.
3. Exclusive Possession: The claimant must possess the land exclusively, without sharing control or use with others, including the true owner.
4. Hostile Possession: The possession must be without the permission of the true owner. “Hostile” in this context does not imply aggression but means that the claimant is using the land against the rights of the true owner.
5. Continuous Possession: The possession must be continuous for a statutory period. In Oklahoma, this period is generally 15 years. The claimant must use the land consistently without interruption for the entire duration.
6. Claim of Right or Color of Title: The claimant must have a claim of right, meaning they intend to claim the land as their own. Another option is to have color of title, or possessing a document appearing to give them title to the land.

If you meet all of these criteria, you may pursue the claim.

Oklahoma Statutes

The framework for adverse possession in Oklahoma is found in Title 12 of the Oklahoma Statutes, Sections 93 and 94:

12 O.S. § 93: This section specifies the 15-year period required for a claim of adverse possession.

12 O.S. § 94: This section outlines the conditions under which color of title may affect an adverse possession claim, potentially reducing the required period to 5 years if the claimant has color of title and has paid taxes on the property.

Process of Claiming Adverse Possession

After meeting the criteria, there is a process you need to follow to be able to claim adverse possession:

1. Meeting the Requirements: The claimant must ensure that they meet all the criteria for adverse possession: actual, open and notorious, exclusive, hostile, and continuous possession for the statutory period.
2. Filing a Quiet Title Action: To formalize the claim of ownership, the claimant must file a quiet title action in the appropriate district court. This legal action requests the court to declare the claimant as the legal owner of the property.
3. Proving the Claim: In court, the claimant must provide evidence to support their claim of adverse possession. This can include documents such as witness testimony, photographs, receipts, tax records, and any other documentation that demonstrates their possession and use of the land.

If the court finds that the claimant has met all the requirements, it issues a judgment granting them legal title. By doing so, this judgment effectively transfers ownership of the property from the original owner to the claimant.

Defenses Against Adverse Possession

The true owner of the property can defend against an adverse possession claim by:

• Proving Permissive Use: Demonstrating that the claimant’s use was with the owner’s permission, as this can negate the “hostile” requirement.
• Interrupting Continuous Possession: Showing that the claimant’s possession was not continuous for the entire statutory period.
• Filing an Ejectment Action: Taking legal action to remove the claimant from the property before the statutory period has elapsed.

The court will look at arguments and evidence from both parties before coming to their final decision.

Wagoner Real Estate Attorneys

In conclusion, the law of adverse possession in Oklahoma allows a person meeting specific criteria to claim ownership of land. This includes details such as actual, open and notorious, exclusive, hostile, and continuous possession for a period of 15 years. Understanding these requirements and the legal framework is essential for both claimants and property owners in dealing with adverse possession issues.

Luckily, our team at Wagoner County Attorneys is comprised of skilled attorneys who will look at your case and best options. If you need help, reach out to us at 918-283-7394 or ask a question online.