where can I locate the specifics of the law concerning access to acreage that is landocked in oklahoma.?

Question

I have owned the land for 30 years but only used it for hunting therefore didn't need or want a road opened to it as the previous landowner where I entered also preferred it that way. It is located on 2 section lines. the current owner of the property I have previously crossed refuses access.

Answer 1

all acreage in Oklahoma is landlocked.

Answer 2

The answer may be in the land records in the history of the land, and if not, you'd probably have to get a judge to declare your right of access.

The first thing to look for is whether your deed, or the deed to a prior owner contains something like "together with right to pass over land ...." or "together with an easement over property ..." or if any of the adjoining properties have in their chain words to the effect of "subject to the right of passage over ...." or "subject to an easement for the benefit of...". It's also possible that there is an independent document creating an easement over the property.

If no such language exists, you need to know how it became landlocked. At one time, your property was part of a larger parcel that had direct road access. Find that time. Did the owner of the larger parcel sell the landlocked part, or did he sell the road and RETAIN the landlocked part? If he retained the landlocked part, the court might decide that he did that to himself and not help you. If he sold the parcel landlocked, then the easement you want might be presumed to be present over the land retained.

I doubt seriously that Oklahoma wrote statutes covering this, it is probably a matter for a court of Equity to decide, if the deed records aren't determinative.

See a lawyer, get some facts. Until you do that, you run the risk of being a trespasser, and for all I know, it's okay to shoot trespassers in Oklahoma.

Answer 3

When you purchased the property there should have been an easement included in the deed. You can go to the court house where the deed is filed if you do not have a copy of it. If there is no easement then you will need an attorney to file with the court, the court will consider your previous access as having grandfathered the easement in and grant you one The new owner would have to fight it in court and that would probably be more expensive than they would want to engage in.