Title 60 — Title 60 — Property

beneficiaries. A beneficiary may disclaim any interest in whole or in part, or with reference to specific parts, shares, portions or assets thereof, by filing a disclaimer in the manner hereinafter provided. A guardian, executor, administrator or other personal representative of …

Such disclaimer shall be filed at any time after the creation of the interest, but in all events within nine (9) months after the effective date of the nontestamentary instrument creating the interest, or, if the disclaimant is not then finally ascertained as a beneficiary or his…

in real estate. The disclaimer defined in Section 751 of this title shall be effective upon being filed on the miscellaneous docket in the office of the county clerk of any county of the State of Oklahoma in which the district court would have jurisdiction and venue of the matter…

Unless otherwise provided in the nontestamentary instrument creating the interest with reference to the possibility of a disclaimer by the beneficiary, the interest disclaimed shall be distributed or otherwise be disposed of in the same manner as if the disclaimant had died immed…

right to disclaim in certain cases. Nothing included in this act shall be deemed to amend, repeal or abrogate in any manner Title 24 O. S. 1971, Sections 101 through 111, inclusive. Any voluntary assignment or transfer of, or contract to assign or transfer, an interest in real or…

Spouse of disclaimant. The right to disclaim granted by this act shall exist irrespective of any limitation imposed on the interest of the disclaimant in the nature of an express or implied spendthrift provision or similar restriction. A disclaimer, when filed as provided in this…

This act shall not abridge the right of any person, apart from this act, under any existing or future statute or rule of law, to disclaim any interest or to assign, convey, release, renounce or otherwise dispose of any interest. Added by Laws 1973, c. 159, § 8.

disclaim. Any interest which exists on the effective date of this act but which has not then become indefeasibly fixed both in quality and quantity, or the taker of which has not then become finally ascertained, may be thereafter disclaimed in the manner provided herein. Added by…

To effectuate the provisions hereof, all courts of this state are, within their otherwise jurisdictional limits, hereby granted the power to reform or construe interests in real or personal property, as provided in Section 1 hereof, in accordance with the doctrine of cy pres. Add…

If an instrument violates the rule against perpetuities, but can be reformed or construed in accordance with the provisions of this act, is shall not be declared totally invalid. Rather, the provisions thereof that do not offend the rule shall be enforced, and only the provisions…

appointments. This act shall apply to inter vivos instruments and wills taking effect after the act becomes effective, and to appointments made after the act becomes effective, including appointments by inter vivos instruments or wills under powers created before the act becomes …

A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way or watercourse, or of a passage for light, air or heat, from or across the land of another. Sluice boxes, flumes, hose, pipes, railway tracks,…

This act shall be known as the Oklahoma Airspace Act. Added by Laws 1973, c. 199, § 1, eff. Oct. 1, 1973.

affected. For purposes of this act, airspace is defined as that space which extends from the surface of the earth upward and which is either occupied or subject to being occupied for the reasonable enjoyment and use of the land surface and any structures thereon by the surface ow…

Airspace as defined herein is real property, and until title thereto or rights, interests or estates therein are separately transferred, airspace is the property of the person or persons holding title to the land surface beneath it, subject to the limitations relating to wind or …

law as other real property. A. It is the purpose of this act that airspace shall be subject to being acquired, held, enjoyed, possessed, alienated, granted, sold, conveyed, exchanged, transferred, partitioned, assigned, demised, leased, released, charged, mortgaged, encumbered, a…

airspace. Subject to the limitations relating to wind or solar energy agreements provided in Section 1 of this act, all forms of titles, estates, rights and interests which may presently exist or which may hereafter be created by law or equity or under statutes pertaining to real…

as possessing same powers and duties with respect to airspace as to other property. A. The state and all of its departments, commissions, agencies, instrumentalities, divisions, subdivisions and authorities, including all counties, municipal corporations and governmental units of…

Airspace may be divided or apportioned horizontally and vertically, and in any geometric shape or design, in the exercise of any of the powers, rights or duties by public bodies or private persons under this act. Added by Laws 1973, c. 199, § 7, eff. Oct. 1, 1973.

The right, title, interest and estate of a decedent in and to airspace shall pass at his death by testamentary disposition, or in the event of intestacy, shall pass in the same manner as provided by the laws of this state for the descent of other real property. Added by Laws 1973…

All titles, estates, rights and interests in airspace are subject to taxation to the same extent and in the same manner as other real property is taxed; and for the purpose of taxation, titles, estates, rights and interests in airspace held by persons other than by the owner or o…

extended so as to cause violations. The powers granted under this act shall in no way extend the power of state and local authorities having jurisdiction over highways, roads, streets, alleys, bridges or rights-of-way to the point that (a) federal regulations pertaining to federa…

A. The state and any of its political subdivisions, port authorities and turnpike authorities may join, cooperate and contract with other agencies or instrumentalities of federal, state or local governments, or with private persons, corporations, partnerships, business associatio…

Any governmental authority, agency or instrumentality which holds right, title, interest or estate in airspace or in other real property which is not needed for a public purpose or for public use may sell, convey or transfer the right, title, interest or estate owned by it, or an…

rights-of-way. In situations in which a governmental authority or agency holds only an easement for use as a right-of-way over land on which is constructed a highway, street, road, alley or bridge: 1. The governmental authority or agency shall possess for and on behalf of the pub…

This act shall not alter, amend, repeal, modify or affect the laws of this state providing for the exercise of the power of eminent domain by public or quasi-public agencies, authorities and instrumentalities or by private persons, except as may be specifically provided herein an…

and liabilities of agencies not affected. Except as specifically provided herein, this act shall not alter, amend, repeal, modify or affect the laws of this state which pertain to the powers, privileges, immunities, duties and liabilities of authorities, agencies, instrumentaliti…

A. This act shall be known and may be cited as the “Airspace Severance Restriction Act”. B. It is the intent of this act to restrict the permanent severing of the airspace over any real property located in this state for the purpose of developing and operating commercial wind or …

This act shall be known and may be cited as the "Residential Property Condition Disclosure Act". Added by Laws 1994, c. 198, § 1, eff. July 1, 1995.

As used in this act: 1. "Offer to purchase" means an offer to purchase property made by a purchaser pursuant to a written contract; 2. "Seller" means one or more persons who are attempting to transfer a possessory interest in property and who are either: a. represented by a real …

A. A seller of property located in this state shall deliver, or cause to be delivered, to the purchaser of such property one of the following: 1. A written property disclaimer statement on a form established by rule by the Oklahoma Real Estate Commission which states that the sel…

A. A seller should deliver either the disclaimer statement or disclosure statement to the purchaser as soon as practicable, but in any event it shall be delivered before acceptance of an offer to purchase. B. If the disclaimer statement or disclosure statement is delivered to the…

A. The seller shall not be liable for a defect or other condition in the property if the existence of the defect or other condition in the property was disclosed in the disclosure statement or any amendment delivered to the purchaser before acceptance of the offer to purchase. B.…

A. A real estate licensee representing or assisting a seller has the duty to obtain from the seller a disclaimer statement or a disclosure statement and any amendment required by the Residential Property Condition Disclosure Act and to make such statement available to potential p…

A. The purchaser may recover in a civil action only in the event of any of the following: 1. The failure of the seller to provide to the purchaser a disclaimer statement or a disclosure statement and any amendment prior to acceptance of an offer to purchase; 2. The failure of the…

A. This act does not apply to: 1. Transfers pursuant to court order, including, but not limited to, transfers pursuant to a writ of execution, transfers by eminent domain and transfers pursuant to an order for partition; 2. Transfers to a mortgagee by a mortgagor or successor in …

Any notices or acknowledgments required under this act need not be sworn to, verified or acknowledged. Added by Laws 1994, c. 198, § 9, eff. July 1, 1995.

The term "real estate development" shall include developments: 1. Which consist or will consist of separately owned lots, parcels or areas with either or both of the following features: a. One or more additional contiguous or noncontiguous lots, parcels or areas owned in common b…

A. An "owners association" may be formed by the owner or owners of real estate development for the purpose of: 1. providing management, maintenance, preservation and control of commonly owned areas or any portion of or interest in them, and/or 2. enforcing all mutual, common or r…

Each separately owned lot, parcel or area together with its proportionate interest in the common element, shall constitute a separate and distinct unit; for the purpose of assessment of taxes, special assessments, and other charges which may be lawfully assessed against owners of…

Membership of said owners association shall consist of recorded owners of separately owned lots in the real estate development. Membership is transferred upon legal transfer of title to the separately owned lots. The owners association may also enforce the covenant and restrictio…

The powers granted the owners association under this act shall apply only to owners associations created subsequent to the effective date of this act. Added by Laws 1975, c. 292, § 5, emerg. eff. June 5, 1975.

Any person owning property in a real estate development shall be entitled to bring action against any other person owning property in such development to enforce any of the restrictions or covenants of the real estate development which are specified by the covenants or restrictio…

A copy or a certified copy of all the recorded covenants and restrictions of a real estate development shall be provided by the title company closing the sale to the buyer of property in the real estate development as a part of the closing of the real estate sale. The buyer may b…

An owners association, condominium association, cooperative association or residential real estate management association shall not adopt or enforce any policy or enter into any agreement that would restrict or prevent a member of the association from displaying the flag of the U…

Developmental or Physical Disabilities Act. Sections 860 through 867 of this title shall be known and may be cited as the "Community Residential Living for Persons with Developmental or Physical Disabilities Act". Added by Laws 1987, c. 169, § 1, eff. Nov. 1, 1987. Amended by Law…

A. The Legislature makes the following findings with regard to the rights of persons with developmental or physical disabilities: 1. Persons with developmental or physical disabilities have a right to appropriate treatment, services, and habilitation for such disabilities; 2. The…

As used in the Community Residential Living for Persons with Developmental or Physical Disabilities Act: 1. "Commission" means the Commission for Human Services; 2. "Developmental disability" means a severe, chronic disability of a person which: a. is attributable to a mental or …

A. 1. a. A group home is a residential use of property for the purposes of zoning and shall be treated as a permitted use in all residential zones or districts, including all single-family residential zones or districts of all political subdivisions of this state. No political su…

not to prohibit use as group home. Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, plat, or other instrument of or pertaining to the transfer, sale, lease, or use of property shall not specifically prohibit the residential use of suc…