Oklahoma Property Law

Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.

Property rights are rights over things enforceable against other persons. By contrast, contractual rights are rights enforceable against particular persons. Property rights, however, may arise from a contract, so there is an overlap between the two systems of rights. In relation to the sale of land, for example, two sets of legal relationships exist alongside one another: the personal right to sue for damages on the contract, and the proprietary right exercisable over the thing.

A separate distinction is evident where rights granted are insufficiently substantial to confer on the non-owner a definable interest right in the thing. The clearest example of these rights is the licence. In general, even if licences are created by a binding contract, they do not give rise to proprietary interests.

If you require legal counsel regarding property law in Oklahoma, please contact Rick J. Henthorn, PLLC today at (405)354-6800 or contact us via our online contact form.