This is the next article in our series on the Oklahoma Statute of Limitations for civil cases.  The last article covered the statutory limitations for breach of contract cases.  In this post, we will discuss the statute of limitations for actions involving the recovery of real property.

The statute of limitation is the time during which you must file your lawsuit.  Failure to initiate a proceeding within the statutory limit will prevent you from winning the case.

Filing a lawsuit within the statutory time limit only gets the foot in the door.  However, having a solid representation ensures the timely filing of the lawsuit, and also increases the likelihood of a favorable outcome.  If you are in a similar situation and seeking representation, contact us online or via telephone to schedule an appointment.

The statute of limitations for recovery of real property in Oklahoma is five (5) years

A lawsuit to recover real property is applicable where there is a dispute over the ownership or the rights to the property.  Some examples include a challenge to the validity of a Tax Sale, or a challenge to the ownership of probate properties.  Generally speaking, the statute of limitations for these cases is five years, subject to exceptions.  12 O.S. §93.  Let’s discuss them further.

Recovery of real property after judicial or probate sales

If a property is sold in a judicial sale to fulfill a judgment, for example, or in a probate proceeding, then a suit to recover it must be brought within five years.  The same applies to cases involving properties in an execution or partition sales.  12 O.S. §93(1).  The five-year clock starts from the day of final judgment or the recording of the deed.

Recovery of real property sold by executors, administrators, or guardians

If a property is sold by an executor, administrator, or guardian upon the order of a court, then a lawsuit to recover it must be brought within five years from the recording of the deed.  12 O.S. §93(2).

Recovery of real property sold for taxes

If a property is sold because of unpaid taxes, then the previous owner has five years to bring a suit to reclaim it.  12 O.S. §93(3).  Except for lands that are exempt from taxation by federal laws.

Recovery of real property – generally

Situations not included in the above provisions have fifteen (15) years to bring a suit to reclaim real property.  For example, a suit to reclaim a property that is adversely occupied by another without your permission must be brought within fifteen years.

Forcible entry and detention or forcible detention only

You have two years (2) to bring a lawsuit for forcible entry and detention or forcible detention only.  If a tenant forcibly stays after the lease ends and refuses to leave, for example, you have two years to bring a suit to reclaim possession of your property.

Exception to the five (5) year statute of limitation to recover real property in Oklahoma

A person with legal disability when the cause of action accrues may have longer than five years to file the suit.  This includes persons with mental incapacity or physical disabilities.  The law allows them two years to file a suit from the time their disability is removed, thereby giving them additional time in some cases.   12 O.S. §94.

OKC Real Estate Lawyer

Whether you are the plaintiff or the defendant in a property dispute, you need a strong representation to help you navigate the legal intricacies.  Niroula Law will give your case the attention it deserves.  Contact us online or by telephone to schedule an appointment and to speak to an OKC real estate lawyer.