Real Property

Question 1

OK Life Estates by Marital Right - Homestead

Answer 1

In OK, dower & curtesy have been replaced by Homestead.

A surviving spouse is entitled to remain in possession of the homestead property for life.

These homestead rights cannot be unilaterally defeated. Neither purchasers from, nor creditors of, one spouse can defeat the homestead rights of others.

Question 2

In Oklahoma, a joint tenancy can be created in two ways:

Answer 2

(i) by express language in the instrument, or
(ii) by actions of the party creating the joint tenancy indicating an intention to create the essential elements of joint ownership and survivorship

Question 3

Does OK recognize Tenancies by the Entirety?

Answer 3

Yes.

Oklahoma recognizes tenancies by the entirety, which may be created in the same manner as joint tenancies, but only between spouses.

Question 4

Lien Theory

Answer 4

Oklahoma is a lien theory jurisdiction, and thus execution of a mortgage by one joint tenant does not cause a severance.

Question 5

In OK, what is the statutory period for acquiring an easement by prescription?

Answer 5

15 Years

Question 6

Termination of Periodic Tenancies in OK

Answer 6

All tenancies form year to year may be terinated by at least 3 months notice, in writing, given to the tenant prior to the expiration of the year.

Question 7

Risk of Loss in Land Sale Contracts

Answer 7

Oklahoma has adopted the Uniform Vendor and Purchaser Risk Act.

Thus, unless the buyer has either legal title or possession of the property at the time of the loss, the risk of loss is on the seller.

*This differs from the majority rule which provides that the risk of loss is on the buyer.

Question 8

OK Adverse Possession

Answer 8

15 Years

In Oklahoma, so long as there is no severance of title to the surface estate from title to the underlying mineral estate, adverse possession of the surface for the statutory period gives title to the minerals by adverse possession.

However, if severance occurs before the adverse possession commences, title to the minerals cannot be acquired by adverse possession of the surface alone.

For a person to adversely possess a severed mineral estate, he must actually open a well on a tract of land and exercise possession over the minerals for the statutory period.

Question 10

Oklahoma requires that all easements by express grant be:

Answer 10

evidenced by a signed writing.

Question 11

Cy Pres Doctrine

Answer 11

OK has adopted the cy pres doctrine.

It allows reformation of a conveyance to save what is otherwise an invalid interest under the RAP in order to effectuate the settlor’s intent.

Question 12

OK Unconstitutional Takings

Answer 12

The Oklahoma Constitution prohibits governmental taking of private property for PRIVATE use “with or without compensation . . . except for private ways of necessity, or for drains and ditches across lands of others for agricultural, mining, or sanitary purposes.”

Private property may not be taken for PUBLIC use “without just compensation.” In either case, the court determines the nature of the use.

Question 13

OK Eminent Domain

Answer 13

Oklahoma courts tend to construe the power of eminent domain narrowly and will not find economic development alone to be a public purpose.

Question 14

In OK, when a grantor conveys a mineral interest in land under warranty of title and subsequently defaults on a mortgage that covers the entire property, ______ operates to automatically revest title in the mineral grantee if the grantor reacquires the property after the foreclosure sale.

Answer 14

the equitable doctrine of estoppel by deed

Question 15

Rights of Easement Holder & Servient Land Owner

Answer 15

The holder of an easement has the right to use a servient tract of land for a special purpose.

The owner of the servient land continues to have the right of full possession and enjoyment subject only to the limitation that he cannot interfere with the right of special use created in the easement holder.

Question 16

Implied Easement

Answer 16

An easement may be implied if, prior to the time the tract is divided, a use exists on the “servient part” that is reasonably necessary for the enjoyment of the “dominant part” and a court determines that the parties intended the use to continue after division of the property.

An easement by implication is created by operation of law rather than by written instrument. It is an exception to the SOF.

It is sometimes called a “quasi-easement” before the tract is divided, because an owner cannot hold an easement on his own land.

For use to give rise to an easement by necessity, it must be apparent and continuous at the time the tract is divided. “Apparent” means that a grantee could discover the existence of the use upon reasonable inspection.

Whether a use is reasonably necessary to the enjoyment of the dominant parcel depends on many factors, including the cost and difficulty of the alternatives and whether the price paid reflects the expected continued use of the servient portion of the tract.

Question 17

For use to give rise to an easement by necessity, it must be apparent and continuous at the time the tract is divided.

“Apparent” means:

Answer 17

that a grantee could discover the existence of the use upon reasonable inspection

Question 18

Whether a use is reasonably necessary to the enjoyment of the dominant parcel depends on many factors, including:

Answer 18

the cost and difficulty of the alternatives

and

whether the price paid reflects the expected continued use of the servient portion of the tract