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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2119 By: Kannady
AS INTRODUCED
An Act relating to easements; enacting the Oklahoma
Uniform Easement Relocation Act of 2025; defining
terms; providing applicability of act to certain
easements; excluding certain easements from relation;
establishing the right of a property owner to
relocate an easement in certain circumstances;
providing that a property owner may commence a civil
action to relocate an easement; providing the
requirements for commencing a civil action to
relocate an easement; providing the court guidelines
in creating an order for relocation of an easement;
requiring the recordation of certain documents prior
to relocation of an easement; providing for
reasonable expenses related to the relocation of an
easement; requiring the parties to a civil action for
easement relocation to act in good faith in
facilitating relocation; providing when a proposed
easement relocation is considered to be final and
complete; providing and limiting the effect of an
easement relocation; providing that the right of a
property to relocate an easement under this act
cannot be waived, excluded, or restricted by
agreement; providing that the law should be applied
and construed to promote uniformity with other states
that enact the act; providing relation to the
Electronic Signatures in Global National Commerce
Act; providing that the act applies to an easement
created before, on, or after the effective date of
this bill; providing for codification; and providing
an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1501 of Title 60, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma
Uniform Easement Relocation Act of 2025".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1502 of Title 60, unless there
is created a duplication in numbering, reads as follows:
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 open
space values of real property,
b. ensuring the availability of real property for
agricultural, forest, outdoor recreational, or open
space uses,
c. protecting natural resources, including wetlands,
grasslands, and riparian areas,
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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
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.
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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.
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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
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
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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 common-
interest community.
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.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1503 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. Except as otherwise provided in subsection B of this
section, this act applies to an easement established by express
grant or reservation or by prescription, implication, necessity,
estoppel, or other method.
B. This act may not be used to relocate:
1. A public utility easement, conservation easement, or
negative easement; or
2. An easement if the proposed location would encroach on an
area of an estate burdened by a conservation easement or would
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interfere with the use or enjoyment of a public utility easement or
an easement appurtenant to a conservation easement.
C. This act does not apply to relocation of an easement by
consent.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1504 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A servient estate owner may relocate an easement under this act
only if the relocation does not materially:
1. Lessen the utility of the easement;
2. After the relocation, increase the burden on the easement
holder in its reasonable use and enjoyment of the easement;
3. Impair an affirmative, easement-related purpose for which
the easement was created;
4. During or after the relocation, impair the safety of the
easement holder or another entitled to use and enjoy the easement;
5. During the relocation, disrupt the use and enjoyment of the
easement by the easement holder or another entitled to use and enjoy
the easement, unless the servient estate owner substantially
mitigates the duration and nature of the disruption;
6. Impair the physical condition, use, or value of the dominant
estate or improvements on the dominant estate; or
7. Impair the value of the collateral of a security-interest
holder of record in the servient estate or dominant estate, impair a
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real property interest of a lessee of record in the dominant estate,
or impair a recorded real property interest of any other person in
the servient estate or dominant estate.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1505 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. To obtain an order to relocate an easement under this act, a
servient estate owner must commence a civil action.
B. A servient estate owner that commences a civil action under
subsection A of this section:
1. Shall serve a summons and petition on:
a. the easement holder whose easement is the subject of
the relocation,
b. a security-interest holder of record of an interest in
the servient estate or dominant estate,
c. a lessee of record of an interest in the dominant
estate, and
d. except as otherwise provided in paragraph 2 of this
subsection, any other owner of a recorded real
property interest if the relocation would encroach on
an area of the servient estate or dominant estate
burdened by the interest; and
2. Is not required to serve a summons and petition on the owner
of a recorded real property interest in oil, gas, or minerals unless
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the interest includes an easement to facilitate oil, gas, or mineral
development.
C. A petition under this section must state:
1. The intent of the servient estate owner to seek the
relocation;
2. The nature, extent, and anticipated dates of commencement
and completion of the proposed relocation;
3. The current and proposed locations of the easement;
4. The reason the easement is eligible for relocation under
Section 3 of this act;
5. The reason the proposed relocation satisfies the conditions
for relocation under Section 4 of this act; and
6. That the servient estate owner has made a reasonable attempt
to notify the holders of any public-utility easement, conservation
easement, or negative easement on the servient estate or dominant
estate of the proposed relocation.
D. At any time before the court renders a final order in an
action under subsection A of this section, a person served under
subparagraph b, c, or d of paragraph 1 of subsection B of this
section may file a document, in recordable form, that waives its
rights to contest or obtain relief in connection with the relocation
or subordinates its interests to the relocation. On filing of the
document, the court may order that the person is not required to
answer or participate further in the action.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1506 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. The court may not approve relocation of an easement under
this act unless the servient estate owner:
1. Establishes that the easement is eligible for relocation
under Section 3 of this act ; and
2. Satisfies the conditions for relocation under Section 4 of
this act.
B. An order under this act approving relocation of an easement
must:
1. State that the order is issued in accordance with this act;
2. Recite the recording data of the instrument creating the
easement, if any, and any amendments, and any notice as described by
Section 71 of Title 16 of the Oklahoma statues;
3. Identify the immediately preceding location of the easement;
4. Describe in a legally sufficient manner the new location of
the easement;
5. Describe mitigation required of the servient estate owner
during relocation;
6. Refer in detail to the plans and specifications of
improvements necessary for the easement holder to enter, use, and
enjoy the easement in the new location;
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7. Specify conditions to be satisfied by the servient estate
owner to relocate the easement and construct improvements necessary
for the easement holder to enter, use, and enjoy the easement in the
new location;
8. Include a provision for payment by the servient estate owner
of expenses under Section 7 of this act;
9. Include a provision for compliance by the parties with the
obligation of good faith under Section 8 of this act; and
10. Instruct the servient estate owner to record an affidavit,
if required under subsection A of Section 9 of this act, when the
servient estate owner substantially completes relocation.
C. An order under subsection B of this section may include any
other provision consistent with this act for the fair and equitable
relocation of the easement.
D. Before a servient estate owner proceeds with relocation of
an easement under this act, the owner must record, in the county
records of each jurisdiction where the servient estate is located, a
certified copy of the order under subsection B of this section.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1507 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A servient estate owner is responsible for reasonable expenses
of relocation of an easement under this act, including the expense
of:
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1. Constructing improvements on the servient estate or dominant
estate in accordance with an order under Section 6 of this act;
2. During the relocation, mitigating disruption in the use and
enjoyment of the easement by the easement holder or another person
entitled to use and enjoy the easement;
3. Obtaining a governmental approval or permit to relocate the
easement and construct necessary improvements;
4. Preparing and recording the certified copy required by
subsection D of Section 6 of this act and any other document
required to be recorded;
5. Any title work required to complete the relocation or
required by a party to the civil action as a result of the
relocation;
6. Applicable premiums for title insurance related to the
relocation;
7. Any expert necessary to review plans and specifications for
an improvement to be constructed in the relocated easement or on the
dominant estate and to confirm compliance with the plans and
specifications referred to in the order under paragraph 6 of
subsection B of Section 6 of this act;
8. Payment of any maintenance cost associated with the
relocated easement which is greater than the maintenance cost
associated with the easement before relocation; and
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9. Obtaining any third-party consent required to relocate the
easement.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1508 of Title 60, unless there
is created a duplication in numbering, reads as follows:
After the court, under Section 6 of this act, approves
relocation of an easement and the servient estate owner commences
the relocation, the servient estate owner, the easement holder, and
other parties in the civil action shall act in good faith to
facilitate the relocation in compliance with this act.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1509 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. If an order under Section 6 of this act requires the
construction of an improvement as a condition for relocation of an
easement, relocation is substantially complete, and the easement
holder is able to enter, use, and enjoy the easement in the new
location, the servient estate owner shall:
1. Record, in the land records of each jurisdiction where the
servient estate is located, an affidavit certifying that the
easement has been relocated; and
2. Send, by certified mail, a copy of the recorded affidavit to
the easement holder and parties to the civil action.
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B. Until an affidavit under subsection A of this section is
recorded and sent, the easement holder may enter, use, and enjoy the
easement in the current location, subject to the court's order under
Section 6 of this act approving relocation.
C. If an order under Section 6 of this act does not require an
improvement to be constructed as a condition of the relocation,
recording the order under subsection D of Section 6 of this act
constitutes relocation.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1510 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. Relocation of an easement under this act:
1. Is not a new transfer or a new grant of an interest in the
servient estate or the dominant estate;
2. Is not a breach or default of, and does not trigger, a due-
on-sale clause or other transfer-restriction clause under a security
instrument, except as otherwise determined by a court under law
other than this act;
3. Is not a breach or default of a lease, except as otherwise
determined by a court under law other than this act;
4. Is not a breach or default by the servient estate owner of a
recorded document affected by the relocation, except as otherwise
determined by a court under law other than this act;
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5. Does not affect the priority of the easement with respect to
other recorded real property interests burdening the area of the
servient estate where the easement was located before the
relocation; and
6. Is not a fraudulent conveyance or voidable transaction under
law.
B. This act does not affect any other method of relocating an
easement permitted under law of this state other than this act.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1511 of Title 60, unless there
is created a duplication in numbering, reads as follows:
The right of a servient estate owner to relocate an easement
under this act may not be waived, excluded, or restricted by
agreement even if:
1. The instrument creating the easement prohibits relocation or
contains a waiver, exclusion, or restriction of this act;
2. The instrument creating the easement requires consent of the
easement holder to amend the terms of the easement; or
3. The location of the easement is fixed by the instrument
creating the easement, another agreement, previous conduct,
acquiescence, estoppel, or implication.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1512 of Title 60, unless there
is created a duplication in numbering, reads as follows:
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In applying and construing this uniform act, consideration must
be given to the need to promote uniformity of the law with respect
to its subject matter among the states that enact it.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1513 of Title 60, unless there
is created a duplication in numbering, reads as follows:
This act modifies, limits, or supersedes the Electronic
Signatures in Global and National Commerce Act, 15 U.S.C., Section
7001 et seq., but does not modify, limit, or supersede Section
101(c) of that act, 15 U.S.C., Section 7001(c), or authorize
electronic delivery of any of the notices described in Section
103(b) of that act, 15 U.S.C., Section 7003(b).
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1514 of Title 60, unless there
is created a duplication in numbering, reads as follows:
This act applies to an easement created before, on, or after the
effective date of this act.
SECTION 15. This act shall become effective November 1, 2025.
60-1-10832 JL 12/31/24