Adverse Possession in Oklahoma

[okbuilder]

I have a porperty on a lake that is approx 550 feet by 100 feet. I found out 2 years ago that my neighbors house is encroaching 2 feet onto my propert and has beed since 1984. I have owned the property for 3 1/2 years and my neighbor for 1 1/2 years. The neigh has approaced me twice about buying 5 feet of the property (5 by 550) because of his concernes about not being able to work on his house etc. I have told him I would deed him the portion of the land his house is encroaching on and give him an easement to allow him to work on his house etc. but I did not want to sell him 5 feet. I received a letter from him today asking to purchase 10 feet or that he would take it by adverse possession. Where do I stand? Does the fact he had owned it for 1 1/2 years have an affect? I am in Oklahoma and I understand that the law is 15 years for adverse possesion Does this mean the whole time the house has been encroaching or just the time he has owned his home. I really appreciate any infromation.

[aaron]

Do you have any other documentation in relation to his prior efforts to purchase? (Letters or other writings?) And when you say "take it", he now means ten feet?

Hang on to that letter he sent - don't lose it.

[okbuilder]

I have a letter from the person he purchased the property from, who had owned it about 1 year, asking to purchase 5 feet and I had told him that I would not sell 5 feet. The kicker to me is the previous owner wanted 5 feet from the water 500 feet to the road.Now the current wants 10 feet from the water to the road and the most valuable part of land on the lake is waterfront. One question I have is, the land that the neighbors house sits on, I expect can be take by adverse possesion, which I have no problem with, but what about the land around the house which is not fenced,not lansdcaped or been taken care of in anyway?

[seniorjudge]

I am assuming the encroachment is more than 15 years old.

In any event, tell him that the encroachment was done with your permission (and the permission of the prior owners) and therefore adverse possession does not apply.

Also, I doubt that he has been paying taxes on the encroachment either.

Did you not have a survey done when you got the property?

[aaron]

Letters indicating a desire to purchase would weigh against any claim of adverse possession, as they evidence that the neighbor does not believe that the land is his. Also, his initial proposal of purchasing five feet would weigh against any notion that he adversely possesses ten feet. In the first letter, did he make any claim of ownership of the five foot strip?

Sr. Judge's suggestions seem reasonable.

[okbuilder]

The encroachment is more than 15 years old. If I "give or deed" over the encroached piece of land that his house sits on is he entitled by adverse possession to any other land ie 5 feet around his house or etc? Also can you explain again what criteria must be met for adverse possession to ocurr such as fenced off of cultivated or whatever it is called? Thanks I really appreciate your time in answering thses questions.

[aaron]

If you deed over the land the house sits on, the deed would convey the land described on the deed.

In order to establish adverse possession, it must be shown that the possession was hostile, under claim of right or color of title, actual, open, notorious, exclusive, continuous, and for the statutory period of time. ...

[Quoting] Winslow v. Watts, Okl., 446 P.2d 598, 600:

"Mere naked possession or occupancy of premises, no matter how long, without a claim of right or color of title, cannot ripen into a good title, but must always be regarded as being an occupancy for the use and benefit of the true owner. To constitute the basis for adverse possession, the entry upon the property must be accompanied by a claim of right, or after entry, there must be a distinct denial or repudiation of the right of the true owner, or the possession will be deemed to be held in subordination to the rights of the owner." [Quoting Cook v. Craft, 207 Okl. 125, 248 P.2d 236, 237 (per curiam) (syllabus § 3).]

[okbuilder]

No there was no claim of ownership of 5 or 10 ft, just the offer to purchase.