Do I have rights over the gravel pad encroaching on my land?

Full question:

I am purchasing land to use as a sales lot. The land that is adjacent to the land I am buying was purchased a little before mine by someone else. They received oral permission (from the man that I am buying my property from) to build their gravel pad a little bit on to the land I am buying. Well they have now turned that little bit in about 40' X 100' of gravel pad that is on the property that I will take possession of in a few weeks. This pad is still being built and won't be finished until after I fully own the land I am buying. Do I have any legal right since I knew of their encroachment before I purchased the land? Since the previous land owner give them oral permission does that mean I just lose that much of the property he is selling me?

• Category: Real Property
• Subcategory: Easements
• Date: 04/07/2025
• State: Oklahoma

Answer:

When an easement is created, the easement holder has rights to use the property for its intended purpose. There are two main types of easements: easements in gross and appurtenant easements. An easement in gross is a personal right that ends when the holder dies or the entity dissolves. An appurtenant easement is tied to the property and remains with it when sold.

For an easement to be legally recognized, it typically must be in writing, as oral easements are considered revocable licenses. This means the previous owner's oral permission for the gravel pad may not provide you with a permanent claim to that portion of land. If the pad was built without a formal easement, you may have grounds to challenge the encroachment.

Legal actions may be necessary to clarify your rights and the status of the gravel pad. Factors like whether the previous owner intended to grant a permanent easement and whether you relied on that permission when purchasing the property can influence the outcome. If you have concerns, consulting with a legal professional is advisable.