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Taking Over Somebody Else's Property then Claiming Adverse Possession

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  • 04-20-2015, 09:10 PM
    soonerOK
    Taking Over Somebody Else's Property then Claiming Adverse Possession
    My question involves real estate located in the State of: Oklahoma

    Can anyone please explain the Adverse Possession law?

    Here's one scenario in my mind:
    Say, if I own a property. If a homeless guy breaks in, fixes the break-ins and changes the locks (make improvements?) and lives in there. Since in Oklahoma, I believe it's 15 years.
    So, for the sake of argument, say, I moved out of state and I did not do anything on the property for 15 years and the homeless guy lives in that property for the whole time; does the law allow the homeless guy claim ownership of my property under adverse possession?

    2nd scenario:
    If I have been maintaining half of the easement area (mowing, cleaning up trash people threw there) for the past 15 years; can I fence up the easement area and claim adverse possession?

    Thanks
  • 04-21-2015, 05:41 AM
    budwad
    Re: Adverse Possession
    There is nothing 'automatic' about gaining fee simple ownership of someone else's property. Any claim has to be adjudicated by the court based on the history, the 5 basic requirements (actual possession, Open and Notorious, Exclusive use, Hostile use, and Continuous / Uninterrupted use), the statutory time, and color of title. Was the possession in good faith or did the possessor know that the property was not theirs.

    We don't deal in hypotheticals so that is all you get. Sounds like a homework assignment.
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