Oklahoma § 60-1502 - Definitions

§ 60-1502. Definitions

As used in this act:

1. "Appurtenant easement" means an easement tied to or

dependent on ownership or occupancy of a unit or a parcel of real

property;

2. "Conservation easement" means a nonpossessory property

interest created for one or more of the following conservation

purposes:

a.

retaining or protecting the natural, scenic, wildlife,

wildlife-habitat, biological, ecological, or openspace values of real property,

b.

ensuring the availability of real property for

agricultural, forest, outdoor-recreational, or openspace uses,

c.

protecting natural resources, including wetlands,

grasslands, and riparian areas,

d.

maintaining or enhancing air or water quality, or

e.

preserving the historical, architectural,

archeological, paleontological, or cultural aspects of

real property;

3. "Dominant estate" means an estate or interest in real

property benefitted by an appurtenant easement;

4. "Easement" means a nonpossessory property interest that:

a.

provides a right to enter, use, or enjoy real property

owned by or in the possession of another, and

b.

imposes on the owner or possessor a duty not to

interfere with the entry, use, or enjoyment permitted

Oklahoma Statutes - Title 60. Property

by the instrument creating the easement or, in the

case of an easement not established by express grant

or reservation, the entry, use, or enjoyment

authorized by law;

5. "Easement holder" means:

a.

in the case of an appurtenant easement, the dominant

estate owner, or

b.

in the case of an easement in gross, public-utility

easement, conservation easement, or negative easement,

the grantee of the easement or a successor;

6. "Easement in gross" means an easement not tied to or

dependent on ownership or occupancy of a unit or a parcel of real

property;

7. "Lessee of record" means a person holding a lessee's

interest under a recorded lease or memorandum of lease;

8. "Negative easement" means a nonpossessory property interest

whose primary purpose is to impose on a servient estate owner a duty

not to engage in a specified use of the estate;

9. "Person" means an individual, estate, business or nonprofit

entity, public corporation, government or governmental subdivision,

agency, or instrumentality, or other legal entity;

10. "Public-utility easement" means a nonpossessory property

interest in which the easement holder is a publicly regulated or

publicly owned utility under federal law or law of this state or a

municipality. The term includes an easement benefiting an

intrastate utility, an interstate utility, or a utility cooperative;

11. "Real property" means an estate or interest in, over, or

under land, including structures, fixtures, and other things that by

custom, usage, or law pass with a conveyance of land whether or not

described or mentioned in the contract of sale or instrument of

conveyance. The term includes the interest of a lessor and lessee

and, unless the interest is personal property under law of this

state other than this act, an interest in a common-interest

community;

12. "Record", used as a noun, means information that is

inscribed on a tangible medium or that is stored in an electronic or

other medium and is retrievable in perceivable form;

13. "Security instrument" means a mortgage, deed of trust,

security deed, contract for deed, lease, or other record that

creates or provides for an interest in real property to secure

payment or performance of an obligation, whether by acquisition or

retention of a lien, a lessor's interest under a lease, or title to

the real property. The term includes:

a.

a security instrument that also creates or provides

for a security interest in personal property,

b.

a modification or amendment of a security instrument,

and

Oklahoma Statutes - Title 60. Property

c.

a record creating a lien on real property to secure an

obligation under a covenant running with the real

property or owed by a unit owner to a common-interest

community association;

14. "Security-interest holder of record" means a person holding

an interest in real property created by a recorded security

instrument;

15. "Servient estate" means an estate or interest in real

property that is burdened by an easement;

16. "Title evidence" means a title insurance policy,

preliminary title report or binder, title insurance commitment,

abstract of title, attorney's opinion of title based on examination

of public records or an abstract of title, or any other means of

reporting the state of title to real property which is customary in

the locality;

17. "Unit" means a physical portion of a common-interest

community designated for separate ownership or occupancy with

boundaries described in a declaration establishing the commoninterest community; and

18. "Utility cooperative" means a non-profit entity whose

purpose is to deliver a utility service, such as electricity, oil,

natural gas, water, sanitary sewer, storm water, or

telecommunications, to its customers or members and includes an

electric cooperative, rural electric cooperative, rural water

district, and rural water association.

Added by Laws 2025, c. 218, § 2, eff. Nov. 1, 2025.