Okla. Stat. tit. 12, § 1141
Action to Quiet Title - Joinder with Action for Possession - Adverse Interests
Effective Apr 7, 1998Amended by Laws 1983, c. 33, § 1, eff. November 1, 1983; Amended by Laws 1997, HB 1003, c. 405, § 5, emerg. eff. June 13, 1997 (superseded document available); Amended by Laws 1998, HB 2274, c. 57, § 1, emerg. eff. April 7, 1998 (superseded document available).
- A. An action may be brought by any person in possession, by himself or tenant, of real property against any person who claims an estate or any interest therein adverse to the person bringing the action for the purpose of determining such adverse estate or interest, and such action may be joined with an action to recover possession of such real property by any person not in possession. The person or persons bringing such action shall not be required to allege the particular estate or interest claimed adversely by the person or persons against whom the action is brought, but may allege that the defendants' claim is adverse to that of the plaintiffs.
- B. If a written request for the correction of a title defect has been refused without reasonable cause and an action is brought pursuant to the provisions of this section, the court may award reasonable attorneys fees to the prevailing party.
- C. If an action is brought to quiet title alleging that the adverse claim is sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes, the court may award costs and reasonable attorneys fees to the prevailing party. If the plaintiff prevails in the action, the court shall order the defendant to pay the plaintiff three times the damages that the plaintiff may have sustained as a result of the sham legal process. A quiet title action pursuant to this subsection shall be independent of any criminal action that may be filed against the defendant, and there shall be no requirement that the defendant in such an action be convicted of any criminal act.
Amended by Laws 1983, c. 33, § 1, eff. November 1, 1983; Amended by Laws 1997, HB 1003, c. 405, § 5, emerg. eff. June 13, 1997 (superseded document available); Amended by Laws 1998, HB 2274, c. 57, § 1, emerg. eff. April 7, 1998 (superseded document available).