Oklahoma Quitclaim Deed Curing Encroachment

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Multi-State
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US-0607BG
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Description

An encroachment involves a situation where a property owner violates the property rights of his neighbor by building something on the neighbor's land or by allowing something to hang over onto the neighbor's property. Encroachment can be a problem along property lines when a property owner is not aware of his property boundaries or intentionally chooses to violate his neighbor's boundaries.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.

Oklahoma law assumes that a warranty deed transfers complete?or fee simple?title to real estate unless the deed specifies otherwise. If the current owner holds less than complete title, a warranty deed conveys all title and rights in the real estate the current owner has the power to convey.

A warranty deed makes a promise to the buyer that the seller has good title to the property. A quitclaim deed, on the other hand, makes no promises. A quitclaim deed just says; whatever interest I have in this property, I give to you.

Quit claim deeds are typically used when no money is involved, and ownership is being transferred between two parties that trust another. For example, quit claim deeds are often used when a parent wishes to give a property to a child as a gift.

A quitclaim deed transfers the title of a property from one person to another, with little to no buyer protection. The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property. The title is transferred without any amendments or additions.

If the person to be removed is alive, then you will need a court order or their cooperation such that you can record a new deed that removes them. Quitclaim and warranty deeds are common solutions. If an owner of a property has passed away, you will need to transfer the property to the living owners.

The governing body may prohibit and prevent all encroachments into and upon the sidewalks, streets, avenues, alleys and other property of the municipality, and may provide for the removal of all obstructions from the sidewalks, curbstones, gutters and crosswalks, at the expense of the owner or occupier of the grounds ...

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Oklahoma Quitclaim Deed Curing Encroachment