Okla. Stat. tit. 60, § 60-346 — OK Code / Title 60 / Section 60-346
Admixtures of materials of different owners
Status: in_force

When a thing has been formed by the admixture of several

materials of different owners, and neither can be considered the

principal substance, an owner, without whose consent the admixture

was made, may require a separation, if the materials can be

separated without inconvenience. If they cannot be thus separated,

the owners acquire the thing in common, in proportion to the

quantity, quality and value of their materials; but if the materials

of one were far superior to those of the others, both in quantity

and value, he may claim the thing on reimbursing to the others the

value of their materials.

Oklahoma Statutes - Title 60. Property Page 168
Okla. Stat. tit. 60, § 60-299.7 — OK Code / Title 60 / Section 60-299.7
Consent of donor - Writing - Recording
Status: in_force

When the consent of the donor, or of any other person, is

required by the donor for the exercise of a power of appointment,

this consent shall be in writing. To entitle the instrument

exercising the power to be recorded, the signature of any person

consenting shall be acknowledged. If the consent is given in a

separate instrument, that instrument shall be attached to the

instrument exercising the power. If any person whose consent is

required dies or becomes legally incapable of consenting, the donee

may exercise the power with the consent of the other person whose

consent is required. If there is no such person, the donee may

exercise the power in the manner provided by Section 3 of this act,

unless the donor has manifested a contrary intent in the instrument

creating the power.
Okla. Stat. tit. 60, § 60-66 — OK Code / Title 60 / Section 60-66
Lateral and subjacent support, right to
Status: in_force

Each coterminous owner is entitled to the lateral and subjacent

support which his land receives from the adjoining land, subject to

the right of the owner of the adjoining land to make proper and

usual excavations on the same for purposes of construction, on using

ordinary care and skill, and taking reasonable precautions to

sustain the land of the other, and giving previous reasonable notice

to the other of his intention to make such excavations. R.L. 1910

Sec. 6641.
Okla. Stat. tit. 60, § 60-858 — OK Code / Title 60 / Section 60-858
Displaying the flag of the United States
Status: in_force

An owners association, condominium association, cooperative

association or residential real estate management association shall

not adopt or enforce any policy or enter into any agreement that

would restrict or prevent a member of the association from

displaying the flag of the United States at a reasonable height, not

to exceed twenty (20) feet, on residential property within the

association with respect to which such member has a separate

ownership interest or a right to exclusive possession or use.
Okla. Stat. tit. 60, § 60-1608.16 — OK Code / Title 60 / Section 60-1608.16
Distribution upon termination
Status: in_force

A. Upon termination or partial termination of a trust, the

trustee may send to the beneficiaries a proposal for distribution.

The right of any beneficiary to object to the proposed distribution

terminates if the beneficiary does not notify the trustee of an

objection within thirty (30) days after the proposal was sent but

only if the proposal informed the beneficiary of the right to object

and of the time allowed for objection.

B. Upon the occurrence of an event terminating or partially

terminating a trust, the trustee shall proceed reasonably to

distribute the trust property to the persons entitled to it, subject

Oklahoma Statutes - Title 60. Property Page 324

to the right of the trustee to retain a reasonable reserve for the

payment of debts, expenses, and taxes.

C. A release by a beneficiary of a trustee from liability for

breach of trust is invalid to the extent:

1. It was induced by improper conduct of the trustee; or

2. The beneficiary, at the time of the release, did not know of

the beneficiary's rights or of the material facts relating to the

breach.

ARTICLE 9

LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH

TRUSTEE
Okla. Stat. tit. 60, § 60-62 — OK Code / Title 60 / Section 60-62
Life lease rent, recovery after death
Status: in_force

Rent dependent on the life of a person may be recovered after as

well as before his death. R.L. 1910 Sec. 6636.
Okla. Stat. tit. 60, § 60-1212 — OK Code / Title 60 / Section 60-1212
Cotrustee relief from liability
Status: in_force

The terms of a trust may relieve a cotrustee from duty and

liability with respect to another cotrustee's exercise or

nonexercise of a power of the other cotrustee to the same extent

that in a directed trust a directed trustee is relieved from duty

and liability with respect to a trust director's power of direction

under Sections 10 through 12 of this act.
Okla. Stat. tit. 60, § 60-1309 — OK Code / Title 60 / Section 60-1309
Qualified disposition — Status retained when not all
Status: in_force

trustees are qualified persons.

In the case of a disposition to more than one trustee, a

disposition that is otherwise a qualified disposition may not be

treated as other than a qualified disposition solely because not all

of the trustees are qualified persons.

Oklahoma Statutes - Title 60. Property Page 280
Okla. Stat. tit. 60, § 60-2010 — OK Code / Title 60 / Section 60-2010
Loaned property — Death of owner
Status: in_force

Loaned property in the possession of a museum at the time of the

owner's death, which would otherwise escheat to the state, shall not

so escheat but shall become property of the museum to which it is

loaned.
Okla. Stat. tit. 60, § 60-395 — OK Code / Title 60 / Section 60-395
Powers of cotrustees
Status: in_force

Oklahoma Statutes - Title 60. Property Page 180

The cotrustees of a trust estate resulting hereunder are hereby

authorized and empowered to manage such trust estate and all money

and property belonging thereto; to rent or to lease any of the real

property for the purpose of exploring for and extracting any

minerals, including oil and gas, as well as for other purposes; and

to sell or otherwise convert any of the property into cash; in such

manner, for such price, and upon such terms and conditions as they

deem to be for the best interest of the trust estate; and, for such

purposes, to execute and deliver such written instruments as may be

required.

Such cotrustees are also authorized and empowered to use any

money and property of the trust estate for the construction of

public improvements in the town or city, or in the county,

designated in such gift, for the purpose of sites and rights-of-way

for public improvements in such town or city, or in such county, and

for repairs and additions to existing public improvements within

such city or town, or within such county; and, where necessary to

the use of funds from other sources for the construction of public

improvements upon any real property in such county belonging to such

trust estate, may, in their discretion, convey the title to such

real property to any one of the governmental units having a

beneficial interest in such trust estate, for such public

improvement purposes, without further consideration.

Such cotrustees shall be the exclusive judges of the public

improvements to be made or aided from such trust estate. They are

also authorized to enter into any contracts, including construction

contracts, which they deem to be proper in the performance of their

duties hereunder, and to employ and fix the compensation for such

help and assistance, professional or otherwise, as they deem

necessary to carry out the policies determined by them hereunder,

and to pay the same from the trust fund account provided for herein.

Such cotrustees may be sued, and, in their discretion, may sue, in

any matters relating to such trust estate or growing out of the

administration thereof, and may employ attorneys in connection with

any such matters, but shall not personally be civilly liable for

damages or attorneys' fees except upon criminal or culpable

misconduct. Any official act or action by such cotrustees shall

require the joinder of all three trustees.
Okla. Stat. tit. 60, § 60-832 — OK Code / Title 60 / Section 60-832
Definitions
Status: in_force

As used in this act:

1. "Offer to purchase" means an offer to purchase property made

by a purchaser pursuant to a written contract;

2. "Seller" means one or more persons who are attempting to

transfer a possessory interest in property and who are either:

a. represented by a real estate licensee; or

b. not represented by a real estate licensee but receive

a written request from the purchaser to deliver or

cause to be delivered a disclaimer statement or

disclosure statement as such terms are defined in

paragraphs 11 and 12 of this section;

3. "Purchaser" means one or more persons who are attempting to

acquire a possessory interest in property;

4. "Real estate licensee" means a person licensed under the

Oklahoma Real Estate License Code;

5. "Transfer" means a sale or conveyance, exchange or option to

purchase by written instrument of a possessory interest in property

for consideration;

6. "Person" means an individual, corporation, limited liability

company, partnership, association, trust or other legal entity or

any combination thereof;

7. "Contract" means a real estate purchase contract for the

sale, conveyance or exchange of property, option to purchase

property, or a lease with an option to purchase property;

Oklahoma Statutes - Title 60. Property Page 250

8. "Property" means residential real property improved with not

less than one nor more than two dwelling units;

9. "Defect" means a condition, malfunction or problem that

would have a materially adverse effect on the monetary value of the

property, or that would impair the health or safety of future

occupants of the property;

10. "Disclosure" means a written declaration required by this

act based on actual knowledge of the seller regarding certain

physical conditions of the property. A disclosure for purposes of

this act is not a warranty, implied or express, of any kind;

11. "Disclaimer statement" means the statement described in

paragraph 1 of subsection A of Section 3 of this act; and

12. "Disclosure statement" means the statement described in

paragraph 2 of subsection A of Section 3 of this act.
Okla. Stat. tit. 60, § 60-175.404 — OK Code / Title 60 / Section 60-175.404
Principal receipts
Status: in_force

PRINCIPAL RECEIPTS

A trustee shall allocate to principal:

1. To the extent not allocated to income under this act, assets

received from a transferor during the transferor's lifetime, a

decedent's estate, a trust with a terminating income interest, or a

payer under a contract naming the trust or its trustee as

beneficiary;

2. Money or other property received from the sale, exchange,

liquidation, or change in form of a principal asset, including

realized profit, subject to this article;

3. Amounts recovered from third parties to reimburse the trust

because of disbursements described in paragraph 7 of subsection A of

Section 26 of this act or for other reasons to the extent not based

on the loss of income;

4. Proceeds of property taken by eminent domain, but a separate

award made for the loss of income with respect to an accounting

period during which a current income beneficiary had a mandatory

income interest is income;

Oklahoma Statutes - Title 60. Property Page 96

5. Net income received in an accounting period during which

there is no beneficiary to whom a trustee may or must distribute

income; and

6. Other receipts as provided in Part 3 of this article.
Okla. Stat. tit. 60, § 60-668.2 — OK Code / Title 60 / Section 60-668.2
Petty cash fund for administration of unclaimed property
Status: in_force

program.

There is hereby created a petty cash fund for the State

Treasurer to be used exclusively for administrative costs of the

unclaimed property program. The amount of the petty cash fund shall

not exceed Five Hundred Dollars ($500.00). The Office of Management

and Enterprise Services shall prescribe all forms, systems and

procedures for administering the petty cash fund.
Okla. Stat. tit. 60, § 60-175.410 — OK Code / Title 60 / Section 60-175.410
Liquidating asset
Status: in_force

LIQUIDATING ASSET

A. In this section, "liquidating asset" means an asset whose

value will diminish or terminate because the asset is expected to

produce receipts for a period of limited duration. The term

includes a leasehold, patent, copyright, royalty right, and right to

receive payments during a period of more than one (1) year under an

arrangement that does not provide for the payment of interest on the

unpaid balance. The term does not include a payment subject to

Section 18 of this act, resources subject to Section 20 of this act,

timber subject to Section 21 of this act, an activity subject to

Section 23 of this act, an asset subject to Section 24 of this act,

or any asset for which the trustee establishes a reserve for

depreciation under Section 27 of this act.

B. A trustee shall allocate to income ten percent (10%) of the

receipts from a liquidating asset and the balance to principal.
Okla. Stat. tit. 60, § 60-1608.4 — OK Code / Title 60 / Section 60-1608.4
Prudent administration
Status: in_force

Oklahoma Statutes - Title 60. Property Page 317

A trustee shall administer the trust as a prudent person would,

by considering the purposes, terms, distributional requirements, and

other circumstances of the trust. In satisfying this standard, the

trustee shall exercise reasonable care, skill, and caution.
Okla. Stat. tit. 60, § 60-175.88 — OK Code / Title 60 / Section 60-175.88
Applicable trust provisions for beneficiaries holding
Status: in_force

support interests.

The following provisions apply only to trusts with one or more

beneficiaries holding support interests:

1. The fact that a court would have exercised the distribution

power under a support interest differently than the trustee is not

Oklahoma Statutes - Title 60. Property Page 83

sufficient reason for interfering with the exercise of the

distribution power by the trustee. However, a court may review the

distribution discretion of a trustee if the trustee acts beyond the

bounds of reasonableness;

2. A support interest relies on spendthrift provisions for

protection of a beneficial interest as well as the additional

protection provided by protective or restrictive distribution

language under Section 10 of this act;

3. The only exception creditor under the Oklahoma Discretionary

and Special Needs Trust Act is a child of a beneficiary who has a

judgment or court order against the beneficiary for support;

4. As provided by the Oklahoma Discretionary and Special Needs

Trust Act, the sole and exclusive remedy of an exception creditor is

the attachment of the beneficiary’s support interest at the trust

level. The court may limit the amount subject to attachment as

appropriate under the circumstances to provide for the needs of the

beneficiary and the family of the beneficiary; and

5. A beneficiary holding a support interest has an enforceable

right to a distribution pursuant to a court review. This does not

raise the interest of the beneficiary to the level of a property

interest.
Okla. Stat. tit. 60, § 60-301.13 — OK Code / Title 60 / Section 60-301.13
Charitable organizations administering trusts that are
Status: in_force

not charitable trusts.

Charitable organizations administering trusts that are not

charitable trusts as defined in this act as of ninety (90) days

after the effective date of this act or September 1, 1997, whichever

date is the first to occur, shall be permitted to continue

administering those trusts until these trusts terminate.
Okla. Stat. tit. 60, § 60-49.3 — OK Code / Title 60 / Section 60-49.3
Creation, conveyance, acceptance, and duration
Status: in_force

CREATION, CONVEYANCE, ACCEPTANCE, AND DURATION

A. Except as otherwise provided in the Uniform Conservation

Easement Act, a conservation easement may be created, conveyed,

recorded, assigned, released, modified, terminated, or otherwise

altered or affected in the same manner as other easements; provided,

however, nothing herein shall authorize any entity or individual to

obtain a conservation easement by condemnation.

B. No right or duty in favor of or against a holder arises

under a conservation easement before its acceptance by the holder

and a recordation of the acceptance.

C. Except as provided in subsection B of Section 49.4 of this

title, the term of a conservation easement shall be the term stated

in the instrument creating it.

D. An interest in real property in existence at the time a

conservation easement is created is not impaired by it unless the

owner of the interest is a party to the conservation easement or

consents to it.

E. An owner of real property burdened by a conservation

easement shall disclose the existence of such easement to any

potential buyer of the real property.
Okla. Stat. tit. 60, § 60-299.3 — OK Code / Title 60 / Section 60-299.3
Donees - Exercising power of appointment
Status: in_force

A donee may exercise a power of appointment only by an

instrument executed with sufficient formalities to pass title to the

property covered by the power. When a power of appointment is

exercisable only by will, a donee may not exercise it by deed. When

a power of appointment is exercisable by deed, a donee may exercise

it by will.
Okla. Stat. tit. 60, § 60-679.1 — OK Code / Title 60 / Section 60-679.1
Records of names and addresses of owners and
Status: in_force

instruments.

A. Every holder required to file a report under Section 661 of

this title, as to any property for which it has obtained the last-

known address of the owner, shall maintain a record of the name and

last-known address of the owner for ten (10) years after the

property is reported, except to the extent that a shorter time

period is provided in subsection B of this section or by rule of the

State Treasurer or the holder's regulatory agency or commission.

B. Any business association that sells in this state its

travelers checks, money orders, or other similar written

instruments, other than third-party bank checks on which the

business association is directly liable, or that provides such

instruments to others for sale in this state, shall maintain a

record of the instruments while they remain outstanding, indicating

the state and date of issue for three (3) years after the date the

property is reportable.

Oklahoma Statutes - Title 60. Property Page 232
Okla. Stat. tit. 60, § 60-1105 — OK Code / Title 60 / Section 60-1105
Unconstitutional
Status: in_force

NOTE: This section was held unconstitutional by the Oklahoma

Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008

OK 102 (2009).
Okla. Stat. tit. 60, § 60-663 — OK Code / Title 60 / Section 60-663
Payment or delivery of abandoned property
Status: in_force

Oklahoma Statutes - Title 60. Property Page 216

A. A person who is required to file a report under Section 661

of this title shall at the same time pay or deliver to the State

Treasurer all abandoned property required to be reported after first

deducting therefrom expenses incurred in the mailing of notices

required by subsection E of Section 661 of this title and any

offsets as provided by law. Any funds or property subject to

aggregate reporting shall be delivered at the same time as the

report.

B. A holder may file a written explanation of an error in the

presumption of abandonment of any previously reported and paid or

delivered property. If the property has not been claimed by the

owner and the State Treasurer is satisfied an error has been made, a

refund of the payment or delivery of the property shall be made to

the holder.

C. The holder of an ownership interest under Section 655 of

this title shall deliver a duplicate certificate or other evidence

of ownership if the holder does not issue certificates of ownership

to the State Treasurer. Upon delivery of a duplicate certificate to

the State Treasurer, the holder and any transfer agent, registrar,

or other person acting for or on behalf of a holder in executing or

delivering the duplicate certificate is relieved of liability as

provided in Section 664 of this title to every person, including any

person acquiring the original certificate or the duplicate of the

certificate issued to the State Treasurer, for losses or damages

resulting to any person by the issuance and delivery to the State

Treasurer of the duplicate certificate.

D. Property removed from a safe deposit box or other

safekeeping depository is received by the State Treasurer subject to

the right of the holder to be reimbursed for the cost of the opening

and to any valid lien or contract providing for the holder to be

reimbursed for unpaid rent or storage charges. The State Treasurer

shall reimburse the holder out of the proceeds remaining after

deducting the expenses incurred by the State Treasurer in selling

the property. The liability of the State Treasurer for this

reimbursement to the holder shall be limited to the proceeds of the

sale remaining after deducting the expenses incurred by the State

Treasurer.
Okla. Stat. tit. 60, § 60-58 — OK Code / Title 60 / Section 60-58
Action for possession of servient tenement
Status: in_force

The owner in fee of a servient tenement may maintain an action

for the possession of the land, against any one unlawfully possessed

thereof, though a servitude exists thereon in favor of the public.

R.L. 1910 Sec. 6632.