Oklahoma real property law governs the ownership of land rather than personal property. The associated rights and obligations of real property have their origins in the common law of Medieval England. They can therefore be difficult to interpret under a modern legal system.
Some aspects of Oklahoma land laws will specifically affect business owners. Environmental laws determine how you dispose of the waste that your business creates and zoning laws regulate the type of business you can run on your property.
Keep the following points in mind when you speak with an Oklahoma real estate attorney:
1. Property is not a tangible object in the strict legal sense. Rather, it is a collection of rights that are protected by Oklahoma property laws. These rights include not only ownership but the right of use.
2. A person that possesses land is entitled to protect his ownership against anyone who is unable to demonstrate a superior claim.
3. A consensual transaction such as a sale or a gift is the most common way of obtaining an interest in property. However, ownership may change without the property owner’s consent, as in the case of bankruptcy or some other court judgment.
Action Steps
The best contacts and resources to help you get it done
Obtain insurance from an agent familiar with Oklahoma estate laws
The property laws in your state will affect the insurance that your particular business needs. Specific types of property insurance include protection from property damage, public liability and rent interruption.
I recommend: Nationwide has agents throughout the country and its website offers an agent search capability by name or location. Create your own checklist of types of coverage your business will need at
Smart Business, which gives the steps to take and types of coverage to consider when obtaining property insurance.
Find a tax lawyer that is familiar with real property law in Oklahoma
Taxes generally are higher on business property than residential property and most businesses will require the services of an Oklahoma real estate lawyer. This will ensure you pay your taxes on time and receive any deductions that you are allowed.
I recommend: Select your city at
AttorneyLocate.com and then select real estate as the practice area.
Lawyers.com allows you to search for real estate attorneys by city and allows you to sort by county.
Hire a lawyer that specializes in Oklahoma real property laws
A business owner should have a real estate attorney's assistance in drawing up a contract when buying, selling or renting property. Your attorney can ensure that the contract protects your interests and is legally enforceable.
I recommend: Oklahoma City-based
Richard Hasley has a group that specializes in real estate transactions. Tulsa-based
Doerner, Saunders, Daniel & Anderson has a variety of practice areas that include real estate, especially planning and zoning.
Tips & Tactics
Helpful advice for making the most of this Guide
- Small businesses normally hire an attorney that practices Oklahoma real property law by the hour, rather than keeping one on retainer. While a lawyer is necessary when buying and selling property, you can save money by completing as much paperwork as possible by yourself.
The official source of Oklahoma Real Property Law is
the Oklahoma Real Property Law page at Business.com
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