Good afternoon, folks:
My Town has had an ongoing boundary dispute with one of our residents. The resident owns essentially half a block in the Town. Most of our blocks are bisected by an alleyway for water and sewer lines. The alleyways are owned by the Town. We recently engaged a surveyor to mark the lines between the alleyway and this resident's property. The survey revealed that the resident has built a fence about five feet on our side of the line.
Assuming the resident refuses to move the fence, what remedies do I have? Am I looking at a quiet title suit, or is there an easier way to go about it?
Appreciate your input. Kind regards,
Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.commailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
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How long has the fence been there? I don't think adverse possession runs against a Town, but I would make your demand immediately so any clock stops running. If they refuse, they are trespassing and you can sue in ejectment. If the fence blocks the alley, you can sue for nuisance. I think trespass is the best claim.
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
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From: Wil Crawford wil@iaelaw.com
Sent: Wednesday, June 7, 2023 3:00 PM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Boundary Dispute Between Public and Private Property
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Good afternoon, folks:
My Town has had an ongoing boundary dispute with one of our residents. The resident owns essentially half a block in the Town. Most of our blocks are bisected by an alleyway for water and sewer lines. The alleyways are owned by the Town. We recently engaged a surveyor to mark the lines between the alleyway and this resident's property. The survey revealed that the resident has built a fence about five feet on our side of the line.
Assuming the resident refuses to move the fence, what remedies do I have? Am I looking at a quiet title suit, or is there an easier way to go about it?
Appreciate your input. Kind regards,
Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.commailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
[cid:image001.png@01D99951.7FFFC6D0]
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.
I would bring action for ejectment combined with action for quiet title. Statute below:
Oklahoma Statutes Citationized
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST12 Title 12. Civil Procedure
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST12#Chapter20-ActionsRegardingRealProperty Chapter 20 - Actions Regarding Real Property
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST12#ActionstoQuietTitle Actions to Quiet Title
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 1141 - Action to Quiet Title - Joinder with Action for Possession - Adverse Interests
Cite as: O.S. §, __ __
A. An action may be brought by any person in possession, by himself or tenant, of real property against any person who claims an estate or any interest therein adverse to the person bringing the action for the purpose of determining such adverse estate or interest, and such action may be joined with an action to recover possession of such real property by any person not in possession. The person or persons bringing such action shall not be required to allege the particular estate or interest claimed adversely by the person or persons against whom the action is brought, but may allege that the defendants' claim is adverse to that of the plaintiffs.
B. If an action is brought to quiet title alleging that the adverse claim is sham legal process, as defined by Section 1533 of Title 21https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=69935 of the Oklahoma Statutes, the court may award costs and reasonable attorneys fees to the prevailing party. If the plaintiff prevails in the action, the court shall order the defendant to pay the plaintiff three times the damages that the plaintiff may have sustained as a result of the sham legal process. A quiet title action pursuant to this subsection shall be independent of any criminal action that may be filed against the defendant, and there shall be no requirement that the defendant in such an action be convicted of any criminal act.
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From: Wil Crawford wil@iaelaw.com
Sent: Wednesday, June 7, 2023 3:00 PM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Boundary Dispute Between Public and Private Property
Good afternoon, folks:
My Town has had an ongoing boundary dispute with one of our residents. The resident owns essentially half a block in the Town. Most of our blocks are bisected by an alleyway for water and sewer lines. The alleyways are owned by the Town. We recently engaged a surveyor to mark the lines between the alleyway and this resident’s property. The survey revealed that the resident has built a fence about five feet on our side of the line.
Assuming the resident refuses to move the fence, what remedies do I have? Am I looking at a quiet title suit, or is there an easier way to go about it?
Appreciate your input. Kind regards,
Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.commailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
[cid:image001.png@01D99950.97C258B0]
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.
Will,
How long has the fence been in place? I don't think the SOL will run against a town to allow a private individual to obtain title to property held in trust for road purposes, but I would make certain of that if the resident has fenced in the area for more than 15 years. If the fence is a relatively recent addition, then the resident did not have exclusive possession of the area for adverse possession purposes. Otherwise, the response depends on how forceful the town is willing to be. I would likely write a letter to the owner and advise that he needs to move the fence or, if he refuses to do so, advise that the city will remove the fence. Then if he chooses not to move then fence, then the town can move it. That is what the town would likely do if a resident tried to fence off a part of any other street. The alley should be no different. Alternatively, the town could sue to eject/enjoin the resident to compel him to remove the fence if the town wants to be more diplomatic.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
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From: Wil Crawford wil@iaelaw.com
Sent: Wednesday, June 7, 2023 3:00 PM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Boundary Dispute Between Public and Private Property
Good afternoon, folks:
My Town has had an ongoing boundary dispute with one of our residents. The resident owns essentially half a block in the Town. Most of our blocks are bisected by an alleyway for water and sewer lines. The alleyways are owned by the Town. We recently engaged a surveyor to mark the lines between the alleyway and this resident's property. The survey revealed that the resident has built a fence about five feet on our side of the line.
Assuming the resident refuses to move the fence, what remedies do I have? Am I looking at a quiet title suit, or is there an easier way to go about it?
Appreciate your input. Kind regards,
Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.commailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
[cid:image001.png@01D99951.5375A580]
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.
Thanks for the info, all. Should have added, the fence has been in place for less than a year.
Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.commailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
[cid:image001.png@01D99953.8231FE30]
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.
From: Wil Crawford wil@iaelaw.com
Sent: Wednesday, June 7, 2023 3:00 PM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Boundary Dispute Between Public and Private Property
[EXTERNAL EMAIL]
Good afternoon, folks:
My Town has had an ongoing boundary dispute with one of our residents. The resident owns essentially half a block in the Town. Most of our blocks are bisected by an alleyway for water and sewer lines. The alleyways are owned by the Town. We recently engaged a surveyor to mark the lines between the alleyway and this resident's property. The survey revealed that the resident has built a fence about five feet on our side of the line.
Assuming the resident refuses to move the fence, what remedies do I have? Am I looking at a quiet title suit, or is there an easier way to go about it?
Appreciate your input. Kind regards,
Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.commailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
[cid:image001.png@01D99953.8231FE30]
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.