Property Disputes
Property disputes affect your daily life and your investment. We work to resolve conflicts efficiently—through negotiation when possible, litigation when necessary.
🏡 Key Takeaways
- Adverse possession requires 15 years of open, continuous, hostile use (12 O.S. § 93)
- A professional survey is often the first step in resolving boundary disputes
- Nuisance claims require proving the interference is "unreasonable"
- Partition actions can force sale of jointly-owned property
- "Boundary by acquiescence" can establish lines neighbors treated as the boundary for years
- Documentation and early action improve outcomes in property disputes
Types of Property Disputes
Boundary Disputes
- Fence line disagreements
- Encroaching structures
- Conflicting surveys
- Unclear legal descriptions
- Adverse possession claims
Easement Disputes
- Scope of easement use
- Maintenance obligations
- Interference with easement rights
- Prescriptive easement claims
Neighbor Conflicts
- Nuisance issues (noise, odors, lights)
- Tree and vegetation disputes
- Water drainage problems
- Spite fences
Co-Owner Disputes
- Partition actions (dividing jointly-owned property)
- Use and expense disputes
- Buyout disagreements
Resolving Property Disputes
Investigation
We start by gathering the facts: reviewing deeds, surveys, and other records; understanding the history of the dispute; and identifying the legal issues involved.
Negotiation
Many property disputes can be resolved through negotiation. Solutions might include:
- Boundary line agreements
- Purchase or sale of disputed area
- Easement modifications
- Fence relocation agreements
- Agreed restrictions on use
Mediation
When direct negotiation stalls, mediation with a neutral third party can help. Many courts require mediation before trial in property cases.
Litigation
When other methods fail, we can pursue or defend claims in court. Property litigation may result in:
- Declaratory judgments establishing rights
- Quiet title orders
- Injunctions stopping interference
- Damages for losses caused
Preventing Property Disputes
- Get a survey before making improvements near boundaries
- Address encroachments promptly (they get harder to fix over time)
- Document agreements with neighbors in writing
- Review easements carefully before purchasing
- Understand your HOA rules and restrictions
Common Property Dispute Mistakes
Avoid these errors that can hurt your case:
- Acting without a survey: Assumptions about boundaries cause problems
- Waiting too long: Adverse possession and prescriptive easement claims mature over time
- Verbal agreements: Get boundary and easement agreements in writing and recorded
- Self-help remedies: Tearing down a neighbor's fence can make you liable
- Ignoring encroachments: Silence can turn into permanent rights
Frequently Asked Questions
Common questions about property disputes
How do I prove where my property boundary is? +
Get a licensed surveyor to locate boundaries using your deed's legal description. Survey results carry significant weight in court.
What is adverse possession? +
Oklahoma allows someone to claim ownership of land they've used openly, continuously, and without permission for 15 years. The use must be hostile, actual, exclusive, and obvious.
My neighbor's fence is on my property. What can I do? +
Get a survey first. If recent, demand removal. If 15+ years old, adverse possession may apply. Often resolved through negotiation—boundary agreements or purchase of the strip.
Can I sue my neighbor for nuisance? +
Yes, for activities unreasonably interfering with your property use—noise, odors, drainage, etc. Remedies include damages and injunctions.
What is boundary by acquiescence? +
When neighbors treat a line as the boundary for many years, courts may enforce that line even if it differs from the deed.
Can I force a partition of jointly-owned property? +
Yes. Oklahoma allows co-owners to petition for partition—either physical division or sale with proceeds split according to ownership.
Who pays for a fence on the property line? +
Oklahoma doesn't require neighbors to share fence costs unless there's an agreement. Many disputes involve who built it and where it sits.
Can I cut my neighbor's tree branches? +
You can trim branches that overhang your property line, but you can't enter their property or damage the tree.
Resolve Your Property Dispute
Schedule a consultation to discuss your property matter.