The Basics of Oklahoma Abandoned Property Law
While not extensive, Oklahoma’s laws regarding abandoned homes, vehicles, and personal property have their usefulness—click here to learn more.
Written by Andrew Biro
Reviewed by Melanie Reiff
Oklahoma’s
laws governing abandoned property—be it homes, vehicles, or other personal items—aren’t extremely detailed, but they do offer a rough outline for how to claim or dispose of property left behind by the lawful owner on private or public property.Whether you’re a landlord, property owner, or squatter, knowing the legality of getting rid of or taking possession of abandoned property is useful. It also pays to know what might become of your abandoned property should you be forced to leave it behind.
Of course, navigating the specifics of these laws can be a difficult affair—that’s why
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Oklahoma abandoned home law
Though it doesn’t happen often, one may legally claim title to an abandoned home in Oklahoma, provided they meet the requirements necessary for an adverse possession claim. But before we explain what those are, let us first define what qualifies as an abandoned home in the Panhandle State.
What qualifies as an abandoned home in Oklahoma?
Unfortunately, the Oklahoma state legislature has no clear definition of an abandoned home. That said, one may reasonably classify a home as abandoned if the owner of the property—or a party with permission from the owner—has not lived at or maintained the property for a few years.
For example, vacation homes that may only see occupancy a few months out of the year cannot be classified as abandoned, but a cabin that has sat empty and unkept for the last fifteen years may very well be considered abandoned. In this case, someone else may lay claim to the property by filing an adverse possession claim.
What is an adverse possession claim?
As previously stated, squatters or continuous trespassers may lay legal claim to an otherwise abandoned property as long as they meet the requirements set by Oklahoma’s adverse possession laws. The state outlines the following as necessary for making a valid claim:
- Actual possession: The claim-maker must be present and use the property as though they were the lawful owner (e.g. through regular maintenance, landscaping, repairs, or other such improvements)
- Continuous possession: Occupation of the property must have been continuous and ongoing for at least 15 years, without breaks or periods of inoccupation by the claim-maker
- Hostile possession: The squatter has in no way been granted permission by the legal owner of the home to live or reside on the property
- Open and notorious possession: The squatter’s occupation of the property cannot have been hidden from the lawful owner
- Exclusive possession: The trespasser may not share the property with another person seeking an adverse possession claim
In some cases, a Color of Title claim may be required in conjunction with the above to make a valid claim to a parcel of abandoned property. In essence, a Color of Title claim requires some sort of document or bill of sale (even an illegitimate one) that gives the person making the claim good reason to believe they were legally entitled to the property.
Oklahoma abandoned vehicle law
Sifting through Oklahoma’s laws regarding abandoned vehicles can be a bit of a hassle, but there are rough guidelines as to how abandoned vehicles may be dealt with, either by law enforcement or private property owners.
What qualifies as an abandoned vehicle in Oklahoma?
According to Oklahoma state law, any vehicle left unattended on public or private property for at least 48 hours may reasonably be considered abandoned—provided there is no evidence to suggest the rightful owner intends to retrieve it themselves, that is.
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What happens to abandoned vehicles in Oklahoma?
Where the vehicle was abandoned largely influences what happens to it. If a vehicle has been abandoned on the highway or on some other stretch of public property, Highway Patrol may request for it to be towed, in which case it will fall into the possession of the tow truck company.
Vehicles abandoned on private property, however, may be dealt with in one of two ways. The property owner can have the vehicle towed from the premises or the property owner may take steps to
transfer ownership of the vehicle to themselves
.Oklahoma abandoned personal property law
Of course, homes and vehicles aren’t the only possessions that may be left behind by their owners. Items such as appliances, furniture, clothes, and the like all fall under abandoned personal property law, which deals with those objects forgotten, left, or illegally disposed of on another person or entity’s property.
What qualifies as abandoned personal property in Oklahoma?
For items left in a rental unit, any property left with the landlord by the former tenant may be considered abandoned after 30 or more days have passed. Aside from that, however, Oklahoma doesn’t provide much information as to what happens to the abandonment of personal property, especially when it’s abandoned in a public place.
Oklahoma does, however, keep a database of unclaimed property that deals primarily with abandoned cash, checks, royalties, and the like—but we’ll get into that later.
What should I do with abandoned personal property in Oklahoma?
If you are a landlord who has come into the possession of abandoned personal property left by a former tenant, you may dispose of the property in whatever manner you see fit—provided you have made an attempt to contact the original owner.
How can I find my abandoned property?
If you need to locate your abandoned property, you can do so via the Oklahoma State Treasurer’s Unclaimed Property Program, whose purpose is to return the unclaimed or abandoned property to its rightful owner.
That said, the Unclaimed Property Program primarily deals with jewelry, cash, royalties, checks, and the like, rather than vehicles or buildings.
An abandoned vehicle may be located via the Oklahoma Department of Public Safety’s
Stored Vehicle Search
, which keeps a running record of all vehicles impounded by the state. How to find cheap home and auto insurance in Oklahoma
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FAQs
Who is in charge of abandoned property in Oklahoma?
Generally speaking, the Oklahoma State Treasurer is in charge of the state’s abandoned property and does so through the Unclaimed Property Program, which seeks to return unclaimed property to its rightful owner. This program does, however, primarily deal with unclaimed money in the form of checks, money orders, royalties, etc, so it may be harder to locate vehicles, homes, and the like.
An abandoned vehicle may have been impounded by the state, in which case it might be possible to locate it via the Oklahoma Department of Public Safety’s Stored Vehicle Search engine.
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