A a county in Oklahoma build a road on my property with out consent!?

Question

I had bought a farm in Oklahoma 25 years ago. Lately I have experienced some problems on my property. Someone broke into my vehicle by smashing out a window, stole expensive wagon wheels, and stole gallons of gas. I have also had a problem with people littering on my property and excessively speeding down my road to get to their farm. I am wanting to put up a gate on the road to stop tresspassers and criminals but the county is claiming that it is theirs.I have my original abstract that clearly states that the road is on my land.The previous owners of the farm originally put in a dirt road but I awoke one morning to find that the county had black topped it. I let people access their property on this road and now want to put a stop to it . So I started to put a gate up and now the DA is saying that they are going to prosecute us with Felony Distruction to County property. The road is on my property.what should I do? I also have a business on this road that I am trying to protect as well

Answer 1

Is there an easement??  This is where having an attorney who specilaizes in real estate is crucial.

Answer 2

Sue them, or whoever is in charge of it.  If it's your rightful property, they're the ones in the wrong.

Answer 3

Better do a title search, perhaps with a surveyor.  Just because you find that one deed puts the road within your propeperty doesn't mean that there wasn't another deed transferin the road to the county, or that it wasn't condemned or that the county acquired it some other way.   If you want to bet a felony conviction on your interpretation of the single deed, you better be sure you are right.

Answer 4

Even if there is no recorded easement, the continual use of the road by the public over a period of years could have created a "prescriptive" easement. The specific requirements for a prescriptive easement vary from state to state.

You need to consult an attorney who specializes in real estate matters. A prescriptive easement could very well cause a reduction in the value and marketability of your property.

Answer 5

You need to find out if the County has an easement. That is quite common. An easement means they have a specific right to a limited usage of part of your property... like this road, maybe. Your title policy should tell you.