Property
Litigation
Your property is one of your most valuable assets. When disputes can't be resolved through negotiation, we fight to protect your property rights in court.
🏠 Key Takeaways
- Quiet title actions establish clear ownership and eliminate competing claims
- Oklahoma requires 15 years of possession for adverse possession (12 O.S. § 93)
- Ejectment removes wrongful occupants who aren't tenants
- Prescriptive easements require 15 years of continuous, open use without permission
- "Boundary by acquiescence" may apply when neighbors treat a line as the boundary for years
- Simply having a judgment doesn't mean the neighbor must remove their structure
Types of Property Litigation
Title Litigation
- Quiet title actions – Establishing clear ownership
- Adverse possession claims – Claiming ownership through use
- Title defect claims – Resolving ownership disputes
- Fraud and forgery claims – Challenging invalid transfers
Boundary and Encroachment
- Fence and boundary line disputes
- Encroaching structures
- Survey disputes
- Boundary by acquiescence claims
Possession Disputes
- Ejectment – Removing wrongful occupants
- Forcible entry and detainer – Eviction actions
- Unlawful detainer – Holdover tenant removal
Easement Litigation
- Easement scope disputes
- Prescriptive easement claims
- Easement interference claims
- Easement termination
The Property Litigation Process
1. Case Evaluation
We review deeds, surveys, title history, and the facts of your dispute to assess the strength of your case and potential outcomes.
2. Pre-Suit Negotiation
Many property disputes can be resolved through negotiation or mediation, saving time and litigation costs.
3. Filing and Pleadings
If litigation is necessary, we prepare and file the complaint and respond to any counterclaims.
4. Discovery
We gather evidence, take depositions, and prepare the case for trial.
5. Trial and Resolution
We present your case to the court and pursue the relief you're entitled to—whether that's a declaration of ownership, injunctive relief, or damages.
Remedies Available
- Declaratory judgment – Court determination of rights
- Injunctions – Orders to stop interference or remove encroachments
- Damages – Compensation for harm to property
- Ejectment – Court order removing wrongful occupant
- Specific performance – Forcing completion of property transactions
Common Property Litigation Mistakes
Avoid these errors that can hurt your case:
- Not getting a survey: Assumptions about boundaries cause problems
- Waiting too long: Adverse possession and prescriptive easement claims mature over time
- DIY title research: Missing liens or claims can be costly
- Verbal boundary agreements: Get it in writing and recorded
- Ignoring encroachments: Silence can turn into permanent rights
Frequently Asked Questions
Common questions about property litigation
What is a quiet title action? +
A lawsuit asking the court to determine property ownership and eliminate competing claims. Results in a court order declaring clear title.
What is an ejectment action? +
A lawsuit to remove someone wrongfully occupying your property (not a tenant). Remedy is a court order requiring them to leave plus potential damages.
How long does property litigation take? +
Uncontested quiet title: 3-6 months. Contested disputes: 1-2 years. Many cases settle once litigation starts.
Can I recover attorney's fees? +
Generally each side pays their own fees unless a contract provides otherwise or certain statutes apply. We'll evaluate potential fee recovery for your case.
What is adverse possession in Oklahoma? +
Under 12 O.S. § 93, you can claim land if you openly, continuously, and exclusively possess it for 15 years (or 5 years under color of title with taxes paid).
How are boundary disputes resolved? +
Through surveys, deed interpretation, and if needed, court determination. 'Boundary by acquiescence' may apply if neighbors treated a line as the boundary.
What is a prescriptive easement? +
An easement gained through 15 years of continuous, open use without permission—for access rights rather than ownership.
Can I force removal of an encroaching structure? +
Courts can order removal, but may consider cost, good faith, and harm. Sometimes damages or easements are the remedy instead.
Protect Your Property Rights
Schedule a consultation to discuss your property dispute.