Squatters Rights in Oklahoma & Adverse Possession Laws 2024

As a landlord in the Sooner State, one of the most significant aspects of maintaining control of your property is understanding squatters rights in Oklahoma.

As a refresher, people who take possession of someone else’s property without prior authorization are known as squatters. Thankfully, Oklahoma takes squatters seriously, but despite its illegality, there are certain things you can and cannot do as a landlord if you discover squatters on your property.

Keep reading to learn about Oklahoma’s laws regarding squatters. By understanding these regulations, property owners can better protect their investments.

Trespassers vs. Squatters

In Oklahoma, landlords must understand the difference between a trespasser and a squatter. A trespasser enters someone’s property without permission, typically for a short time, without the intent of staying. In other words, their visit is temporary. In contrast, a squatter occupies a property for a prolonged period, often intending to claim ownership through adverse possession. We’ll discuss adverse possession in greater detail throughout this article.

Addressing trespassers quickly is essential to preventing them from becoming squatters. If ignored, a simple trespassing situation can escalate, making removal much more complicated and potentially leading to legal difficulties.

Legality of Squatting in Oklahoma

As in most locations, squatting in Oklahoma is generally illegal since it involves occupying someone’s property without permission or explicit consent. However, things get tricky when the state’s adverse possession laws are involved.

Adverse possession laws allow squatters to claim ownership under specific conditions. For example, living on the property continuously for 15 years could provide legal grounds for ownership. That said, most squatters never meet these strict criteria.

If the landlord acts soon enough, squatters can face legal consequences, including civil lawsuits and potential criminal charges for trespassing or burglary. A failure to address trespassers quickly could result in a drawn-out legal battle, making it critical for property owners to act swiftly and prevent a squatter from gaining a foothold.

Squatters Rights and Adverse Possession Laws in Oklahoma

In Oklahoma, squatters can attempt to claim property ownership through a legal process called adverse possession. Adverse possession occurs when someone meets five distinct occupancy requirements, which we detail in the next section.

Know this: adverse possession is different in every state, and Oklahoma has its own specific rules that make it difficult to achieve. Knowing these state-specific laws is crucial for landlords to protect their property and avoid the headache of a squatter becoming a legal landowner.

How Oklahoma Squatters Can Legally Claim Property Through Adverse Possession

Every landlord’s worst-case scenario involves losing property to a squatter through adverse possession. Fortunately, due to strict legal requirements, successfully claiming ownership through adverse possession in Oklahoma is difficult. Landlords can prevent these claims from developing by monitoring their vacant properties and responding to trespassers early.

For a squatter to claim adverse possession in Oklahoma, they must meet several requirements:

• • Hostile: Just as this sounds, the squatter must not have permission to reside on the landlord’s property. In other words, the squatter must occupy the property without the owner’s permission or legal right.
  • Continuous: They must live on the property for 15 years without significant breaks in this timeline. Read below for more information about this timeframe.
  • Open and Notorious: Their occupancy must be apparent, if not blatant, to the owner and the public, not hidden or secretive. So, if a person hides on the owner’s property without the landlord’s knowledge or does so discretely to avoid “being caught,” it’s not grounds for adverse possession.
  • Exclusive: The squatter must be the sole occupant of the property. Otherwise, the squatter can’t claim possession since other people live there, too.
  • Property Tax Payments: In Oklahoma, squatters must pay property taxes for five consecutive years to claim adverse possession.
  • Color of Title: Finally, squatters in Oklahoma must possess a color of title, a document indicating ownership. They’d gain the color of title by paying five years of property taxes and filing for the title from the tax assessor.

Each requirement is separate, meaning the squatter must satisfy them all to qualify for adverse possession. Expanding on the timeline indicated above, for a squatter to file an adverse possession lawsuit, they must:

• Maintain a 15-year Continuous Occupancy: To make a claim, the squatter must have uninterrupted possession for this period. Any breaks in occupancy can reset the timeline. So, if they occupy the property for 13.5 years, leave for a month, and return, the timeline re-starts upon their re-occupancy.

Because of these stringent requirements, property owners need to know Oklahoma law like the back of their hand when it comes to squatter laws. This way, they can act quickly if they find unauthorized individuals living on their land.

Landlord Rights & Responsibilities

Oklahoma landlords have the right to remove unwelcome occupants like squatters, but you must follow the legal eviction process. Otherwise, you can face legal trouble. This process begins with issuing a formal notice to vacate and, if ignored, filing for an eviction in court.

An alternative measure to remove squatters from your land fast is a “cash-for-keys” deal, where you pay the unauthorized occupant to leave the property. However, this can set a precedent for squatting, telling people you’ll give them cash when you want them gone.

Ultimately, landlords are responsible for maintaining the security of their properties, especially if they are vacant. Regular inspections, securing vacant properties, and responding promptly to trespassers can prevent squatters from establishing adverse possession claims.

Squatters Rights & Responsibilities

Under adverse possession laws, squatters in Oklahoma have certain rights but must meet specific conditions to make a claim. These include living on the property openly and continuously for 15 years, explicitly without the owner’s permission.

During this time, squatters are responsible for maintaining the property and treating it as if they were the rightful owner. However, they can face eviction or criminal trespassing charges if they fail to meet these criteria. Squatters must also know that the owner can legally challenge their occupancy at any time.

How to Evict Squatters in Oklahoma

Evicting squatters in Oklahoma requires landlords to follow specific legal steps to ensure they handle the process correctly and within the law. Attempting to take matters into your own hands can lead to legal trouble, so following the proper procedures is necessary.

Even though there are squatters rights, Oklahoma has an eviction process to help landlords remove squatters from their property before they can file for adverse possession. Here are the steps landlords need to follow:

• Gather Evidence: Collect a series of pictures and keep track of the timeline involved in your squatting case. This way, you can present the evidence to a judge and show them someone’s been unlawfully occupying your property.
• Oklahoma Statute Title 21 Section 1354-1357 allows a property owner to request the Sheriff to accompany them to the property for immediate removal of persons unlawfully occupying their property. A sworn affidavit must be filed beforehand. The Sheriff must then serve a notice to vacate the premises immediately.
• Issue a Formal Notice: Deliver a written notice to the squatter, typically providing them 10 days to vacate the premises. This notice might be enough to force the squatter to leave without further legal action.
• File for Eviction in Court: If the squatter doesn’t comply, the next step is filing a legal eviction action, also called an unlawful detainer, at your local court.
• Attend the Court Hearing: The court will schedule a hearing where both parties present their cases. You’ll need evidence that the individual is unlawfully occupying the property.
• Obtain a Court Order for Eviction: If the court rules in favor of the landlord, they will issue a Writ of Execution, allowing law enforcement to remove the squatter if they still refuse to exit the premises.

Please keep in mind that self-help evictions are illegal. These are when you change the locks, turn off utilities, or otherwise make living conditions inhabitable for your squatter. Doing so could lead to fines or legal repercussions since it may endanger another person’s life. Always follow the legal process to avoid unnecessary complications.

Legal Help for Landlords in Oklahoma

Landlords in Oklahoma facing issues with squatters have access to various legal resources to help navigate the eviction process. Three valuable online resources include:

• Oklahoma Bar Association: Offers legal advice and referrals to experienced attorneys specializing in landlord-tenant disputes.
• Oklahoma Legal Aid Services: Provides free or low-cost legal assistance for landlords who need help with squatter and eviction issues.
• Oklahoma Landlord-Tenant Law Guide: An in-depth resource detailing state-specific laws, including how to handle squatters and start the eviction process.
• EZ Evict USA: EZ Evict USA can tackle the eviction process for you, so you won’t have to stress out about it alone.

Preventing Future Squatter Situations

It can be difficult to manage squatters rights. Oklahoma landlords should take a proactive property management approach to prevent squatting. Some important steps to help limit unauthorized use are:

• List Vacant Properties Quickly: Don’t leave properties empty for long. Market them as soon as possible to reduce vacancy periods and make it harder for squatters to occupy.
• Create a “Lived-In” Look: Set up automatic lights or leave window coverings on the property to make it appear occupied, deterring squatters.
• Post Warning Signs: Put up “No Trespassing” signs to clearly indicate that unwelcome access will be dealt with legally.
• Partner with Local Law Enforcement: Notify local authorities when a property is vacant so they can monitor it during patrols.
• Build a Relationship with Neighbors: Neighbors can be an extra set of eyes for your property. Encourage them to report any suspicious activity.

With these preventative actions, landlords may reduce the likelihood of squatting and protect their property from squatting.

How Property Management Software Can Help

When trying to understand squatters rights, Oklahoma law can get confusing. To help keep things straight, consider TurboTenant. TurboTenant’s property management software is a powerful tool to help landlords keep properties filled, reducing the chances of squatting by minimizing vacancies.

With its easy-to-use platform, TurboTenant simplifies every step of the rental process. Some key features that can help Oklahoma landlords include:

• Rental Advertising: Post your listing across multiple platforms to attract tenants faster.
• Oklahoma-Specific Lease Generation: Create state-compliant leases quickly and effortlessly.
• Automated Rental Applications: Streamline the application process for prospective tenants, making them more likely to apply.
• Applicant Screening: Quickly and easily screen applicants to select reliable tenants who will treat your property like their own.

Sign up for a free TurboTenant account today to better manage your properties and prevent vacancies that can lead to squatting.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Oklahoma Squatters Rights FAQs