Thursday, May 20, 2010

Where can I find Oklahoma property dispute laws?

I have a dispute with my adjoining neighbor in regards to a property line. The fence that separates us is encroaching on my property approximately 30ft. according to a land survey as well as the legal description of my property along with an aerial photograph. I have checked with our county courthouse and he does not have any legal claim to the property. I am ready to move the fence, but I want to be sure that I am doing the right thing.

Where can I find Oklahoma property dispute laws?
The personnel at the county courthouse can only tell whether or not your neighbor has title to the area in question, since they only have access to maps and descriptions that have been recorded with the county. They have no way of knowing whether or not your neighbor has any unwritten rights, which could be based upon an unwritten agreement or adverse possession.





If your property has been surveyed, and the survey clearly identifies the fence as an encroachment, then you have a legitimate basis upon which to file a legal action to have the fence removed. If you choose to remove the fence yourself, without a court ruling supporting your action, you run the risk of liability, in the event that your neighbor subsequently proves that he had rights concerning the fence, which were damaged by your action. Therefore, it may be unwise for you to proceed without a court order in your favor.





You may be able to convince your neighbor to remove the fence himself, by informing him that you intend to take legal action. If he still refuses, ask him why he thinks he owns the property up to the fence. You would then need to consult a lawyer, tell the lawyer what your neighbors reason is, and let the lawyer investigate and determine whether or not your neighbor has a legitimate claim. Thats the safest course of action.
Reply:I found a page that has some information on Oklahoma property laws, but I'm not sure it has what you need. I hope it helps you out. http://www.oscn.net/applications/oscn/in...


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