Property Law Flashcards
7 cards from real OK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Property Law flashcards as text
In Oklahoma, the standard statutory period for adverse possession of real property is:
Answer: 15 years
Oklahoma requires 15 years of actual, open, notorious, exclusive, hostile, and continuous possession to acquire title by adverse possession.
A occupies part of B's lot for 9 years, then sells her interest to C, who occupies it for 7 more years continuously. May C claim adverse possession in Oklahoma?
Answer: Yes, because tacking combines successive possessions in privity
Successive adverse possessors in privity may tack their periods together to satisfy the 15-year statute.
A possessor occupies land under a deed that mistakenly describes more acreage than she actually fences and farms. Her adverse possession claim to the unfenced portion depends on:
Answer: The doctrine of constructive adverse possession under color of title
Possession under color of title of part of a described tract constructively extends to the entire parcel described in the defective instrument.
A tenant installs restaurant booths bolted to the floor of leased premises. At lease end, the tenant may remove them if:
Answer: They are trade fixtures removed before or at lease end without substantial damage
Trade fixtures installed for a tenant's business are removable before the lease ends if removal does not substantially damage the premises.
A landowner excavates near the boundary and his neighbor's land, in its natural state, subsides. The excavating owner is:
Answer: Strictly liable for withdrawing lateral support of land in its natural condition
A landowner is strictly liable when excavation causes adjacent land in its natural, unimproved state to subside.
A zoning ordinance is enacted after a lawful auto-repair shop is already operating in a newly residential zone. The shop is best described as:
Answer: A nonconforming use that may generally continue
A lawful use existing before a zoning change is a nonconforming use that may generally continue, though it usually cannot expand.
Developer records a subdivision plat with a uniform restriction limiting all lots to residential use, but one deed omits the restriction. Can neighbors enforce the restriction against that lot's owner who had notice of the scheme?
Answer: Yes, under an implied reciprocal servitude from a common scheme
A common development scheme implies a reciprocal negative servitude enforceable against a purchaser with notice even if his own deed omits the restriction.