Oklahoma Prescriptive Easement Question

[gmcmillan74015]

What is the name of your state (only U.S. law)? Oklahoma

The widow of my deceased neighbor has demanded access to cross my property claiming that she has a prescriptive easement. Historically, these neighbors used an old oil production road that crossed my property to reach theirs. There is nothing documenting this in the deed to my property. I bought the property in early 2004 and put up fence and gates approximately a year later. Around 2006, the deceased man had begun solely using another access route whereby he could access his land without crossing mine. This other route crosses land owned by the deceased man’s brother. I think it was given or sold to the brother after the deceased had begun crossing it for access, but I’m not 100% positive of the timing of the ownership transfer of the brother’s parcel.

Can I deny her access on the position that the prescriptive easement to cross my property was terminated when other access became available and used as primary access?What is the name of your state (only U.S. law)?

[Stevef]

Originally Posted by gmcmillan74015

What is the name of your state (only U.S. law)? Oklahoma

The widow of my deceased neighbor has demanded access to cross my property claiming that she has a prescriptive easement. Historically, these neighbors used an old oil production road that crossed my property to reach theirs. There is nothing documenting this in the deed to my property. I bought the property in early 2004 and put up fence and gates approximately a year later. Around 2006, the deceased man had begun solely using another access route whereby he could access his land without crossing mine. This other route crosses land owned by the deceased man’s brother. I think it was given or sold to the brother after the deceased had begun crossing it for access, but I’m not 100% positive of the timing of the ownership transfer of the brother’s parcel.

Can I deny her access on the position that the prescriptive easement to cross my property was terminated when other access became available and used as primary access?What is the name of your state (only U.S. law)?

You can deny her access until she shows you a recorded easement.

Claiming to be entitled to a prescriptive easement and actually obtaining an easement by prescription are two different things.

[justalayman]

Originally Posted by gmcmillan74015

Can I deny her access on the position that the prescriptive easement to cross my property was terminated when other access became available and used as primary access?What is the name of your state (only U.S. law)?

regardless of any other access, if the easement was not used continuously, and not using it for 3 or so years would in fact be considered to have abandoned the pathway, they lose the right to make a claim.


if they want to demand a PE, tell them to sue you. If they have a right to one (which from what you stated, is not a possibility) a court is the only entity that can enforce it. If they refuse to sue, especially now that they have demanded one, it will be seen as the have officially abandoned the claim.

That would be even better for you. Just document the claim and such in personal notes should they ever attempt to gain a PE in the future you will have the notes to support your denial.

[gmcmillan74015]

Thank you steve and layman.

[drewguy]

To add one point to these, the existence of alternative access is not relevant to the existence of a prescriptive easement. You are thinking of an easement by necessity, which may arise when a piece of land is "landlocked" as a result of a sale/division of the property. In that case, once alternative access arises the easement may terminate.