Oklahoma Easement or Right of Way for Access to Property
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FAQ
In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.
A) Utility easements shall be of a minimum width of twenty (20) feet, ten (10) feet on each side of all rear lot lines, or width as specified by the utility company, and when necessary on other lot lines, for poles, wires, conduits, sanitary sewers, gas, water, power, and other utility lines.
Statutory Right-of-Way Widths The Oklahoma Constitution accepted R/W widths for county roads as defined under Tribal Treaties and Congress actions governing the Oklahoma Territory . Oklahoma has statutory R/W widths of 0', 33', 49.5' and 66'.
Termination of Easement for Real Estate Located in Oklahoma This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.
An implied easement requires actual use of one part of the property for the benefit of the other (such as an access road) at the time of the conveyance separating the property into two tracts.
In basic terms, a court-approved easement allows one party to use the property of another party within set limitations and without ever assigning any particular ownership over said property. There are two main forms of easements: Easement in gross: An easement granted to benefit a specific individual.