0 chapters · 704 sections in this title.
60 O.S. § 35 Future estates
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Subject to the rules of this chapter, a freehold estate, as well as an estate for years, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or an estate for years, either con…
60 O.S. § 350 Definitions - Legislative findings - Recorded transfer
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fees. A. As used in this section: 1. “Association” means a nonprofit mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes, or any interest in real property, created pursuant to a declaration, covenant, or other applicable …
60 O.S. § 36 Certain limitations of estates void
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Successive estates for life cannot be limited, except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons, the remainder, if valid in its creation, takes effect in the same manner …
60 O.S. § 36.1 Death of life tenant - Prima facie evidence
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In the event of the death of a life tenant leaving an estate subject to probate, a certified copy of Letters Testamentary or of Administration shall constitute prima facie evidence of the life tenant's death. Added by Laws 1992, c. 395, § 14, eff. Sept. 1, 1992.
60 O.S. § 361 Absentees, who are - Authority to appoint conservator -
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Notice of hearing - Production of official statement. A person hereinafter referred to as an "absentee" is one missing from his usual place of residence and his address is unknown by his family or those who, in the ordinary course of events, would be expected to know his whereabo…
60 O.S. § 362 Discretion of court - Bond of appointee
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The court shall have full discretionary authority to appoint any suitable person as such conservator and may require such conservator to execute a surety bond to the State of Oklahoma, to be approved by the judge of said court, and in such sum as he shall order, conditioned that …
60 O.S. § 363 Powers and authority of conservator
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The conservator shall have the same powers and authority as the guardian of the property of an infant or incompetent person as now provided by the laws of this state, except that said conservator shall have no power to sell or petition to sell any portion of the absentee's real p…
60 O.S. § 364 Oath of office
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Before entering upon the duties of his office the conservator shall take and subscribe an oath, before some officer authorized to administer oaths, that he will perform, according to law, the duties of conservator which oath shall be attached to and filed with the order appointin…
60 O.S. § 365 Reports and accounts - Fees for services
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The conservator shall make and file reports and accounts as often as may be required by the judge of said court and said court may allow fees for services rendered by such conservator in the manner and on the basis as provided by the laws of this state for the allowance of fees t…
60 O.S. § 366 Removal of conservator
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When a conservator appointed by the court becomes insane or otherwise incapable of discharging his trust, or unsuitable therefor, or has wasted or mismanaged the estate, or failed for thirty (30) days to render an account or report, the court may upon such notice to the conservat…
60 O.S. § 367 Termination of conservatorship
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At any time upon petition signed by the absentee, or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absent…
60 O.S. § 37 Remainder on successive lives must be in fee
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No remainder can be created upon successive estates for life, provided for in the preceding section, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years unless it is for the whole residue of such term. R.L.1910, § 6611.
60 O.S. § 38 Contingent remainder on term of years
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A contingent remainder cannot be created on a term of years, unless the nature of the contingency on which it is limited is such that the remainder must vest an interest during the continuance or at the termination of lives in being at the creation of such remainder. R.L.1910, § …
60 O.S. § 381 Capacity to take property by gift
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The legal capacity of the State of Oklahoma, and of each county, city, town and school district in the state, to take title or any interest therein including, but not limited to, right-of-way or right-of-way easements in the case of a county, legal, equitable, or both, to any pro…
60 O.S. § 382 Tax exemption
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No gift, testamentary or otherwise, of any property, real or personal or both, or any interest therein including, but not limited to, right-of-way or right-of-way easements in the case of a county, to the State of Oklahoma, or to any county, city, town, or school district in the …
60 O.S. § 383 Authority to accept gift to state - Delivery of property
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and muniments of title. A. Except to the extent that such authority is otherwise specifically vested in some other state officer, board, commission, or agency and except as provided in subsections B and C of this section, the Governor of the State of Oklahoma is hereby authorized…
60 O.S. § 384 Allotment of property to state institution, department or
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agency. Any property involved in a gift, testamentary or otherwise, given to the State of Oklahoma or some state officer, board, commission, or agency for the use or benefit of a specified state institution, department, or agency, whether one or more, when accepted by the Governo…
60 O.S. § 385 Allotment of property - Gift for particular purpose
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Any property involved in any gift, testamentary or otherwise, given to the State of Oklahoma for a particular purpose or purposes, as distinguished from public purposes generally, when accepted by the Governor and delivered to the Office of Management and Enterprise Services, as …
60 O.S. § 386 Allotment of property given without designation of
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particular purpose - New allotment. Except as may be otherwise provided in Sections 391 through 396 of this title, any real property involved in any gift, testamentary or otherwise, given to this state for public purposes generally or without designation of any particular purpose…
60 O.S. § 387 Sale of real property not suitable for particular
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institutions - Personal property - Lease until sale. Except as may be otherwise provided in Sections 391 through 396 of this title, any real property involved in any gift, testamentary or otherwise, given to this state for public purposes generally or without designation of any p…
60 O.S. § 388 Sale of stocks, bonds, choses in action and intangible
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personal property. Except as may be otherwise provided in Sections 391 through 396 of this title, any stocks, bonds, choses in action, or other intangible personal property, except cash or the equivalent thereof, involved in a gift, testamentary or otherwise, given to this state …
60 O.S. § 389 Money included in gift - Income and proceeds of sales -
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Deposit to credit of General Revenue Fund. Except as may be otherwise provided in Sections 391 through 396 of this title, any cash or the equivalent thereof involved in any gift, testamentary or otherwise, given to this state for public purposes generally or without designation t…
60 O.S. § 39 Estate for life limited as remainder
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No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate. R.L.1910, § 6613.
60 O.S. § 390 Acceptance by counties, cities, towns and school districts
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- Delivery - Receipts. The board of county commissioners of each county of the state, as to such county, and the governing board of each city, town and school district of the state, as to each such governmental subdivision, is hereby authorized in its discretion to accept, upon b…
60 O.S. § 391 Gift to state, county and city or town - Tenancy in
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common. Any gift, testamentary or otherwise, of any property whatsoever to the State of Oklahoma and a county within such state and a city or town within such county (all of which, including the state, are hereinafter referred to as "governmental units"), shall be construed as a …
60 O.S. § 392 Gift to state, county and city or town deemed to be
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intended for public improvements. Any unconditional gift, testamentary or otherwise, of any property whatsoever to the State of Oklahoma and a county therein and a city or town within such county, without designation of any particular purpose or purposes to which such property is…
60 O.S. § 393 Delivery directly to trustees
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Any property involved in any unconditional gift, testamentary or otherwise, to the State of Oklahoma and a county therein and a city or town within such county, without designation of any particular purpose or purposes to which such property is to be devoted, when accepted upon b…
60 O.S. § 394 Trustees, who are - Bond - Designation of trust estate -
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Trust fund - Approval of sales - Reports. When any unconditional gift, testamentary or otherwise, of any property to the State of Oklahoma and a county therein and a city or town within such county shall have been accepted, upon behalf of all such governmental units, as provided …
60 O.S. § 395 Powers of cotrustees
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The cotrustees of a trust estate resulting hereunder are hereby authorized and empowered to manage such trust estate and all money and property belonging thereto; to rent or to lease any of the real property for the purpose of exploring for and extracting any minerals, including …
60 O.S. § 396 Duties additional to other duties - Compensation
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The duties hereby imposed upon any such trustees shall be in addition to the duties otherwise imposed by law upon each of them as a public officer, and, in all instances where the value of the property involved in such a gift shall equal or exceed Five Hundred Thousand Dollars ($…
60 O.S. § 4 Property classified
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Property is either: 1. Real or immovable; or 2. Personal or movable. R.L.1910, § 6589.
60 O.S. § 40 Conditional limitations
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A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation. R.L.1910, § 6614.
60 O.S. § 41 Remainder in fee to heirs after life estate
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When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue o…
60 O.S. § 42 Remainder not contingent
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When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration, by lapse of time, of such term of years. R.L.1910, …
60 O.S. § 43 Future estate after unexecuted power
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A general or special power of appointment does not prevent the vesting of a future estate, limited to take effect in case such power is not executed. R.L.1910, § 6617.
60 O.S. § 44 Termination of estate at will
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A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice to the tenant, in the manner prescribed by the next section, to remove from the premises within a period specified in the notice, of not less than one (1) month except as provide…
60 O.S. § 45 Notice of termination
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The notice prescribed by the last section must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a co…
60 O.S. § 46 Action after notice
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After the notice prescribed by the two preceding sections has been served in the manner therein directed, and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession. R.L.1910, § 6620.
60 O.S. § 47 Reentry, notice of
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Whenever the right of reentry is given to a grantor or lessor in any grant or lease, or otherwise, such reentry may be made at any time after the right has accrued upon three (3) days' previous written notice of intention to reenter, served in the mode prescribed by Section 6619.…
60 O.S. § 48 Possession, action for
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An action for the possession of real property leased or granted, with a right of reentry, may be maintained at any time after the right to reenter has accrued, without the notice prescribed in the preceding section. R.L.1910, § 6622.
60 O.S. § 49 Easements attached to land
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The following land burdens or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements: 1. The right of pasture; 2. The right of fishing; 3. The right of taking game; 4. The right-of-way; 5. The right of taking water, wood, …
60 O.S. § 49.1 Short title
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SHORT TITLE Sections 1 through 8 of this act shall be known and may be cited as the "Uniform Conservation Easement Act". Added by Laws 1999, c. 384, § 1, eff. Nov. 1, 1999.
60 O.S. § 49.11 Short title
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SHORT TITLE. A. Sections 1 through 13 of this act shall be known and may be cited as the “Uniform Environmental Covenants Act”. B. The provisions of the Uniform Environmental Covenants Act apply to real property in Oklahoma that otherwise qualifies under the provisions of the act…
60 O.S. § 49.12 Definitions
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DEFINITIONS. In the Uniform Environmental Covenants Act: 1. “Activity and use limitations” means restrictions or obligations created under this act with respect to real property; 2. “Agency” means the Department of Environmental Quality or any other state or federal agency that d…
60 O.S. § 49.13 Nature of rights - Subordination of interests
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NATURE OF RIGHTS; SUBORDINATION OF INTERESTS. A. Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest …
60 O.S. § 49.14 Contents of environmental covenant
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CONTENTS OF ENVIRONMENTAL COVENANT. A. An environmental covenant must: 1. State that the instrument is an environmental covenant executed pursuant to the Uniform Environmental Covenants Act; 2. Contain a legally sufficient description of the real property subject to the covenant;…
60 O.S. § 49.15 Validity - Effective on other instruments
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VALIDITY; EFFECT ON OTHER INSTRUMENTS. A. An environmental covenant that complies with the Uniform Environmental Covenants Act runs with the land. B. An environmental covenant that is otherwise effective is valid and enforceable even if: 1. It is not appurtenant to an interest in…
60 O.S. § 49.16 Relationship to other land-use law
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RELATIONSHIP TO OTHER LAND-USE LAW. The Uniform Environmental Covenants Act does not authorize a use of real property that is otherwise prohibited by zoning, by law other than the Uniform Environmental Covenants Act regulating use of real property, or by a recorded instrument tha…
60 O.S. § 49.17 Notice
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NOTICE. A. A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: 1. Each person that signed the covenant; 2. Each person holding a recorded interest in the real property subject to the covenant; 3. Each person in possess…
60 O.S. § 49.18 Recording
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RECORDING. A. An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. B. Except as o…