Oklahoma Assignment of Pipeline Easements and Rights of Way
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FAQ
In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.
An easement gives a landowner the right to make use of another nearby piece of land for the benefit of his own land. When you buy a piece of land or property, you need to consider the rights the owner of the rest of the land or property may have over your part or the rights you may have over his part.
Express easements are granted from a landowner to a grantee in an instrument or other writing. Easements and rights-of-way are typically granted pursuant to a separate instrument, but are also often created through granted or reserved easements in real estate deeds.
131 sets out the four essential characteristics of an easement which are as follows: There must be a dominant and servient tenement; The easement must accommodate the dominant tenement; The dominant and servient owners must be different people; The right must be capable of forming the subject matter of a grant.
Statutory Right-of-Way Widths Oklahoma has statutory R/W widths of 0', 33', 49.5' and 66'. There are other widths based off road sections removed from the State Highway System and given to counties, adverse possession (fence to fence widths) and new roadway construction where additional R/W was acquired.
Termination of Easement for Real Estate Located in Oklahoma This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.
Most section line right-of-way in western Oklahoma is 66 feet. Most section line right-of-way in eastern Oklahoma is 33 feet except for portions of a few counties where the width is 49.5 feet. The portion of Oklahoma that is 49.5 feet is referred to as the Muscogee (Creek) Nation."
Utility Easements b) When an easement of twenty (20) feet in width is not provided, the minimum width of the easement shall be fifteen (15) feet, or as required by the County Engineer.