Can the operator of a long-standing pipe claim right of way?

Full question:

i have a 2 inch pipe on a place I just bought. The operator has no right of way but the pipe has been there for 15+ years on a public utilty & says he has right to be there cause no one contested the line.

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

Answer:

The owner of the pipe may claim the right to keep it there through adverse possession. This legal doctrine requires that the possession be actual, open, notorious, exclusive, hostile, and continuous for at least fifteen years, according to Oklahoma law (Okla. Stat. tit. 12, § 93; Okla. Stat. tit. 60, § 333). The claim must be visible and show exclusive control over the land without any contest from the rightful owner.

If the operator has maintained the pipe for over fifteen years without contest, they may argue that they have established a claim. However, the original landowner is not required to have actual knowledge of the claim, as constructive notice can arise from the operator's observable actions. If the operator's use of the land is evident, the landowner should have been aware of the claim simply by checking their property.

In cases where an adverse possessor has been previously challenged in court, they must demonstrate that they have express notice of their claim to the land. If the adverse possessor continues to occupy the land after a court ruling against them, their claim may fail.

Additionally, the operator may also seek a prescriptive easement, which allows them to use the land without owning it. To establish this, they must prove that their use has been actual, notorious, hostile, open, visible, continuous, and exclusive for the required period. The use must not have been permissive, as permissive use does not support a claim for a prescriptive easement.

Each situation is unique, and courts will evaluate claims based on the specific facts presented.