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  1. #1
    Join Date
    Aug 2007
    Posts
    2

    Default Easement Problems in Oklahoma

    we bought 10 acres on a state hwy in ok, our realtor assured us there wasn't an easement for a private road that existed on one side of our property. 5 days after closing we received our title search opinion, there was indeed an easement. the easement grants egress, ingress and utility access, an existing gate did not fall within in the 40' width of the easement, the fence within the easement still exists. we now need to shut and lock the gate, we are offering the people using the easement as a private drive a lock and key and asking them to keep the gate closed and locked at all times. we have stressed we are not denying them access across the easement. are we within our legal rights to do this? time limit for prescription has not passed. thanks for any help

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Easement Problems in Oklahoma

    If there's a grant of an easement within the title history, the time for prescription is irrelevant. If the easement was granted, there is no need to try to establish it by prescription. The first place you would look to try to figure out what is or is not permitted under the easement is the granting language.

  3. #3
    Join Date
    Aug 2007
    Posts
    2

    Default Re: Easement Problems in Oklahoma

    the easement says "We do hereby grant and convey the following for the purpose of private ingress and egress, and for water line, for the grantees, their heirs and assigns."
    so can we legally expect them to close and lock a gate that was there before the easement was recorded? And what if they don't comply?

    thanks

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easement Problems in Oklahoma

    And what if they don't comply?
    You get upset and they say, "Oh well"

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