Oklahoma Easement or Right of Way for Access to Property refers to a legal right granted to individuals or entities that allow them to access a specific property owned by someone else. It ensures that the property owner cannot obstruct or hinder the access of others to their property. There are several types of Oklahoma Easements or Rights of Way for Access to Property: 1. Private Easement: This type of easement is typically established by a written agreement between two parties, where one grants the other the right to access their property through a designated route. Private easements are often used to provide access to remote properties or landlocked parcels. 2. Easement by Necessity: When a property owner becomes landlocked, meaning their property has no direct access to a public road, they may be granted an easement by necessity. This type of easement ensures the owner has a legal right to access their property, even if it requires crossing someone else's land. 3. Easement by Prescription: Easement by prescription is established when someone continuously and openly uses another person's property without permission for a legally specified period, usually at least 15 years. In Oklahoma, if the use of the property is proven to be uninterrupted, adverse, and with the knowledge of the property owner, the court may grant an easement by prescription for access. 4. Public Easement or Right of Way: Public easements or rights of way are established to provide access to public facilities, such as roads, utilities, or public parks. They are typically created by the government or public entities to ensure unrestricted access for all citizens. Property owners often have limited control or restrictions over these easements. 5. Utility Easements: Utility easements are granted to public or private utility companies, allowing them to install and maintain utility lines or equipment on or beneath a property. These easements ensure that utility providers have unobstructed access to their infrastructure for utility repairs and maintenance purposes. In Oklahoma, the creation and interpretation of easements and rights of way are governed by state laws, including the Oklahoma Easement Act. It is crucial for property owners to understand their rights and obligations regarding easements to prevent any disputes or legal complications. Whether you are a property owner, potential buyer, or simply interested in understanding Oklahoma Easements or Rights of Way for Access to Property, knowing the different types mentioned above can provide you with a clearer understanding of how these legal arrangements work and impact property use and access.
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.