Owning property is part of the true American dream, but disputes over property boundaries or ownership can arise, leaving Oklahoma homeowners feeling vulnerable. If someone claims they are the rightful owner of your property, it’s important to understand the options available to protect your rights and your property in resolving the real estate property dispute.
What Options Do I Have to Protect My Home in Oklahoma?
If someone is challenging your ownership of the property, the first step is to gather evidence of your ownership, such as your deed and property tax records. From there, you may want to hire a licensed land surveyor to verify the exact boundaries of your land if the claim is against the boundary lines. Having clear boundary lines can provide a solid foundation for resolving any disputes.
Should the issue escalate, working with an Oklahoma real estate attorney is often necessary. Legal guidance can help you better understand property laws, negotiate with the opposing party, and, if needed, take the dispute to court. A qualified attorney can file a quiet title action which we’ll explore below.
What Are Squatter’s Rights in Oklahoma?
But, what happens if you were away from the property and someone has “moved in?”
In Oklahoma, squatter’s rights, also known as adverse possession, allow someone who has been using a piece of land without legal title to potentially claim ownership under certain conditions. However, specific requirements must be met for this to happen. The person claiming the land through adverse possession must prove the following:
- Actual Possession: They have physically occupied or used the land.
- Open and Notorious: Their use of the land is obvious and public, not hidden or secretive.
- Exclusive Possession: They are the sole occupants of the disputed land.
- Hostile: They are using the land without permission and intend to keep it.
- Continuous Use: They must meet all of these criteria for at least 15 years.
If someone is attempting to claim your property under adverse possession, they may argue they’ve been openly using it as their own. Oklahoma law requires this use to be continuous for a minimum of 15 years before they can attempt to claim legal ownership. If this process is already underway, it’s vital to act quickly to assert your rights and prevent further encroachment.
How Do I Resolve Title Issues?
A quiet title action is a legal process that resolves disputes over property ownership and can be necessary in cases where someone is challenging your claim to the title of your own property in Oklahoma. This action is brought before a court, where both parties present evidence to determine the rightful owner. Quiet title actions are often used to clear up any clouds on a title, such as disputes over boundaries, claims of adverse possession, or mistakes in previous property records.
Once the court issues a decision in your favor, it will formally establish you as the rightful owner of the property, putting an end to any further claims. This process can protect your home and ensure that your title remains free from disputes.
Protect Your Home with an Oklahoma Real Estate Attorney
If you’re facing a property ownership dispute in Oklahoma, working with an experienced real estate attorney is your best option to protect your home. At Pence Law Firm, P.C., we can help you understand your rights, evaluate your options, and pursue legal action if necessary. Don’t wait for the problem to escalate—contact us today to protect your investment and resolve the dispute quickly.