Articles
Plain-English property law.
Articles by the attorneys at Jones Property Law.
All articles
-
Oklahoma Mechanic’s Liens: File, Enforce, Release, or Contest
If you’re a contractor, subcontractor, supplier, or anyone else who has provided labor, materials, or services to improve a property in Oklahoma, it’s crucial to understand your legal rights to ensure you get paid for your work. One of the most powerful tools available to you is the mechanic’s lien. This guide covers
-
Can a landlord keep improvements in Oklahoma?
When the lease is over, a tenant is allowed to take any personal property (moveable) but generally must leave behind any fixtures (immovable). Even if the tenant installed a fixture, it may still belong to the landlord depending on the terms of the lease agreement. In simple terms, a “fixture” is anything permanently attached to
-
Rent Reduction for Tenant Repairs in Oklahoma
Can a tenant withhold rent for repairs performed by the tenant? As of November 1st, 2022, a residential tenant in Oklahoma can deduct up to one month’s rent for self-help repairs within certain parameters. But many tenants make the mistake of ceasing to pay rent altogether. It is criticial to understand the requirements for self-help
-
Oklahoma Eviction Laws: Commercial Properties
Searching “Oklahoma eviction laws” online will produce a wealth of results, but next to none will be relevant to commercial, as opposed to residential, evictions. We discussed residential eviction at length in this article, but here we’d like to shed what light we can on its nonresidential counterpart. Oklahoma Statutes §41 discusses leasing and landlord
-
Oklahoma Eviction Laws: Residential Properties
So you live in Oklahoma and you’ve got questions about eviction. Perhaps you have a shifty landlord and you want to make sure you know your rights, or perhaps you ARE the landlord and you’re suffering from miscreant tenants. This is the place for you. “No,” you say. “I’m just bored and weirdly curious about
-
What is Real Estate Tax? (Sale of Real Estate Tax and Property Tax)
Real estate tax usually refers to the local tax paid on the value of real estate each year, whereas the broader term “property tax” can encompass personal property taxes. The sale of real estate can trigger a tax on the profits of the sale known as “capital gains tax”. What is real estate tax? Normally,
-
Colorado Quiet Title Action
What is a Colorado quiet title action? In short, a quiet title suit is a legal tool used to fix problems with the title to real estate. Under Rule 105 of the Colorado Rules of Civil Procedure, an interested party can file a lawsuit to obtain a “complete adjudication of rights” with respect to “any
-
Is Wholesaling Real Estate Legal in Oklahoma?
Only some wholesaling activities are legal in Oklahoma. The Oklahoma Predatory Real Estate Wholesaler Act (the “Wholesaler Act”) prohibits many wholesaling activities by banning public marketing prior to closing. To avoid fines of up to $5,000 per occurrence and possible imprisonment, make sure you understand the laws explained in this article. CONTENTS What is “wholesaling
-
New Eviction Moratorium in Oklahoma – August 2021
The Centers for Disease Control (CDC) issued a new residential tenant eviction moratorium on Tuesday, August 3, 2021. The new CDC moratorium is scheduled to expire on October 3, 2021 – but may be extended, similar to the initial moratorium. Oklahoma Eviction Moratorium The new moratorium affects Oklahoma residential landlord-tenant relationships and leases in counties which have
-
Access or Rights Agreements and Easements Between Neighbors in Oklahoma
Do you have a water well that is shared by two or more neighboring properties? Or maybe you have an entryway or driveway that is shared by multiple lots. If so, your access may be insecure – unless you have a written agreement, easement, or other documentation which protects your rights. Who pays to maintain
-
Residential Leases and Evictions During COVID-19 (Guidelines for Landords)
The vast majority of residential leases, tenancies, and rental agreements have been affected by COVID-19. Many tenants have lost jobs or had their work hours cut, reducing or eliminating their ability to pay rent on time or altogether. In addition, the CDC issued an emergency order which eliminated the ability to evict tenants for the
-
Real Estate Attorney Cost: How Much Are Real Estate Attorney Fees?
This article estimates real estate attorney cost based on multiple data sources, and it was compiled by a real estate attorney familiar with the industry. The below table summarizes some of the most common price points. Attorney fees on a simple residential transaction may be $500 to $1,000, while real estate litigation can easily cost $5,000 to $15,000.
-
What Does a Real Estate Attorney do for a Seller? (A Quick Explanation)
When representing a seller, a real estate attorney may draft or review the real estate contract, provide general advice, resolve title issues, negotiate transaction terms, and review closing paperwork. Sometimes, the seller’s attorney also prepares the deed and closes the transaction. Click a topic to learn more about what a real estate attorney does for
-
Quiet Title and Adverse Possession (Explained by a Real Estate Attorney)
Quiet title and adverse possession both involve the ownership of real estate. Often, a quiet title action is filed to confirm or disconfirm ownership based on adverse possession. This article explains how that might occur. To understand the role of adverse possession within a quiet title lawsuit, you must first understand the meaning of the
-
The Quiet Title Process (Explained by a Real Estate Attorney)
The quiet title process involves four main steps. First, research property ownership and title issues. Second, draft a quiet title complaint or petition. Third, file and serve all quiet title pleadings. Fourth, obtain and enforce a court order clarifying or confirming property ownership. Steps in the quiet title process: Step #1: Researching ownership and title
-
Hunting Leases in Oklahoma: Why a Handshake Agreement is Dangerous (Legally)
Hunters and landowners are a natural pairing every fall in Oklahoma. If you’re a hunter, you need a place to hunt. And if you’re a landowner, you have what every hunter wants; land, game crossing your property, and the right to lease hunting rights to whomever you wish. Most hunting leases in Oklahoma are informal
-
Oklahoma Real Estate Purchase Contract (And How to Use It)
If you’re buying or selling a residential property in Oklahoma, you likely want a standard real estate contract form. It needs to be as fast and easy as possible, but it also needs to be thorough and legally accurate. But you’d prefer to avoid paying thousands of dollars to a broker or an attorney. Here
-
Oklahoma Rent-to-Own Agreements: WARNINGS from a Local Attorney
As a real estate attorney, if I could name one transaction that causes more litigation and confusion than any other, it would probably be the rent-to-own agreement. I understand the allure. Rent-to-own transactions combine the best of a lease and a sale. In one simple document, without any financing problems, you get the best of both worlds! But therein lies
-
Oklahoma Ancillary Probate: Purpose, Cost, Timeline, and Process
This article explains the purpose, cost, timeline, and process of an ancillary probate in Oklahoma. The purpose is transferring title to out-of-state property. The cost is generally $3,000 to $5,000 plus costs. The timeline is 6-10 weeks. The process is drafting, filing, publishing, and recording the final judgment.
-
Title Issues for Oklahoma Tax Sale Properties: Quiet Title and Title Checks
Introduction Buying a property at an Oklahoma tax sale can be an exciting opportunity – properties often sell for a fraction of market value. However, tax auction buyers must heed the classic warning: “Buyer Beware.” Oklahoma County’s own tax auction guidelines warn: “This is a BUYER BEWARE sale. A tax deed is not a warranty deed and
-
Can I do a quiet title myself? (Yes, but beware these pitfalls.)
Yes, you can do a quiet title yourself. Any party can represent themselves in a lawsuit, and a quiet title is a type of lawsuit. But, you should only attempt a quiet title if equipped with the right tools, templates, knowledge, and mindset. Before jumping head over heals into a mound of mind-numbing paperwork, take
-
What is a Tax Warrant in Oklahoma? Answered by Attorney
What is a tax warrant in Oklahoma? A tax warrant equals a tax lien. Thankfully, a tax warrant differs from an arrest warrant. Unless you committed blatant tax fraud, you can probably breathe easy! However, tax warrants can still pack a punch. To avoid a bad outcome, you should take note of the following threats posed by an
-
Can siblings force the sale of inherited property?
Can siblings force the sale of inherited property? Yes, generally such property qualifies for a partition action. However, do not simply assume. Educate yourself with this detailed overview of forced sale and partition actions. WHY WOULD SIBLINGS FORCE A SALE? When siblings inherit property, many emotional and financial questions begin to surface. Should the property stay
-
Partition Action for Tenants In Common
This article explains the rules surrounding a partition action for tenants in common. When multiple individuals own the same property as tenants in common, the property typically qualifies for partition. For a more detailed overview of the partition and forced sale process, please see the following article: FORCED SALE OF JOINTLY OWNED PROPERTY (PARTITION) WHY
-
Forced Sale of Jointly Owned Property (Partition Action)
When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit. If you are dealing with joint ownership property, this guide explains the cost of a partition action, how to win a partition action, whether a partition action
-
What is a partition action? (Partition lawsuits explained)
A partition action forces the sale of jointly owned property and divides the sale proceeds. Less commonly, a partition divides the property itself, such that each co-owner receives a fractional piece. This often results from inherited property, divorced spouses, or former business partners. For a more detailed treatment of this topic, see Forced Sale of
-
Quiet Title Time Frame: How Long Does It Take?
8-12 weeks is a typical quiet title time frame. However, do not assume that your quiet title is a typical one! There may be other factors at play. To accurately estimate your unique quiet title time frame, you must be aware of the factors discussed below (phases I through III). (This summary is based on Oklahoma law, but
-
Before hiring a quiet title attorney, read this.
The last thing you need is an overpaid and ineffective quiet title attorney. You want an attorney whose practice is focused on solving your unique problem at a fair fee. This article covers the most important considerations to bear in mind as you look for a quiet title attorney.
-
Personal Residence in an LLC: Impact on Capital Gains Tax
IF YOU OWN YOUR PERSONAL RESIDENCE IN AN LLC, ARE YOU SUBJECT TO CAPITAL GAINS TAX? For privacy and liability reasons, some homeowners hold title to a personal residence in the name of a limited liability company (LLC). Generally, this is not advisable. However, there are many factors at play, and some property owners have
-
Can I Recover Attorney Fees in a Quiet Title Lawsuit?
Yes, but only in certain circumstances. In most states, the winning party in a quiet title action can potentially recover attorney fees if the losing party wrongfully failed to correct the issue prior to the lawsuit. To determine whether you qualify, review the recovery options discussed below. Recovery Option 1: Recovering Attorney Fees in a Contested Quiet Title Action. NOTE:
-
How Much Does a Quiet Title Action Cost?
The cost of a quiet title action ranges from $2,500 to $5,000 plus costs for an uncontested lawsuit. Contested (or litigated) quiet title actions can cost much more. Cost mainly depends on the complexity of the title issue and whether the action is opposed.
-
How to Increase Property Value Without Lifting a Hammer (Legal Renovation vs. Physical Renovation)
Like a physical renovation, a legal renovation can transform the market value of a property. A physical renovation removes surface level flaws that have scared away the ordinary consumer, thereby increasing the market value of the property. Rather than seeing flaws, investors see solutions, which allows them to identify hidden value and capitalize on market inefficiencies. Physical renovation is
-
Understanding Oklahoma Quiet Title Actions
A quiet title action is a legal proceeding used to confirm or clarify the ownership of real estate. In simpler terms, it “quiets” any challenges or claims to the title of a property, hence the name. A successful quiet title suit results in a court order that establishes who the true owner is, clearing up any disputes or
-
When a Rental Property Burns Down: Insurance, Liability, and Legal Rights
You just learned that your rental or investment property burned down. What are your legal rights? What are your risks? Can you collect on your insurance policy? Will the tenant sue you? I cannot answer all these questions at once, but I can offer some concise guidance on the most important legal issues you may
-
Why You Should (Almost) Never Put Real Estate Into an S-Corporation
There is one tax rule that applies almost universally in the real estate industry: Never put real estate into a corporation (including S-corporations). Why not? Once you put an appreciating asset into a corporation, you cannot take it out without triggering capital gains tax. You’re locked in. Although S-corporations are flow-through entities just like partnerships,
Get an honest answer from a real attorney, in writing.
Written inquiries are handled by the firm owner, Ryan Jones, an attorney. Because of call volume, they're often the fastest, most reliable way to get answers.
Send a Written Inquiry →Prefer to talk? Book a free intro call.
405 · 888 · 2744