A. An action may be brought by any person in possession, by himself or tenant, of real property against any person who claims an estate or any interest therein adverse to the person bringing the action for the purpose of determining such adverse estate or interest, and such action may be joined with an action to recover possession of such real property by any person not in possession. The person or persons bringing such action shall not be required to allege the particular estate or interest claimed adversely by the person or persons against whom the action is brought, but may allege that the defendants' claim is adverse to that of the plaintiffs.
§ 1141.Action to Quiet Title - Sham Legal Process
Chapter 20: Actions Regarding Real Property · Last amended November 1, 2000 · Last verified August 3, 2026
In one sentenceSection 1141 lets a person in possession of real property sue anyone claiming an adverse interest to settle title, and -- where the adverse claim rests on sham legal process -- lets the prevailing plaintiff recover triple damages plus costs and attorney's fees.
Full Text of § 1141
B. If an action is brought to quiet title alleging that the adverse claim is sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes, the court may award costs and reasonable attorneys fees to the prevailing party. If the plaintiff prevails in the action, the court shall order the defendant to pay the plaintiff three times the damages that the plaintiff may have sustained as a result of the sham legal process. A quiet title action pursuant to this subsection shall be independent of any criminal action that may be filed against the defendant, and there shall be no requirement that the defendant in such an action be convicted of any criminal act.
Amendment History
Amended by Laws 1983, HB 1114, c. 33, § 1, eff. 11/1/1983; Amended by Laws 1997, HB 1003, c. 405, § 5, emerg. eff. 6/13/1997; Amended by Laws 1998, HB 2274, c. 57, §1, emerg. eff. 4/7/1998; Amended by Laws 2000, HB 2024, c. 147, §6, eff. 11/1/2000.
Plain-English Summary
Subsection A creates Oklahoma's basic quiet title action. Anyone in possession of real property, in person or through a tenant, can sue a person claiming an adverse estate or interest to have that claim resolved. The plaintiff doesn't have to spell out exactly what the defendant is claiming -- alleging that the defendant's claim is adverse is enough. A person out of possession can join a quiet title claim with an action to recover possession.
Subsection B targets a specific abuse: adverse claims built on "sham legal process," a term Section 1533 of Title 21 defines (fake court orders, bogus liens, and similar fabricated documents used to cloud title). When that's what the defendant is relying on, the court may award costs and attorney's fees to whichever side wins, and a prevailing plaintiff is entitled to three times the actual damages caused by the sham process. The civil claim stands on its own -- a criminal conviction for the same conduct isn't required.
Frequently Asked Questions
Who can bring a quiet title action under Oklahoma law?
Anyone in possession of real property, personally or through a tenant, against a person claiming an adverse estate or interest in it.
Does the plaintiff have to describe exactly what interest the defendant claims?
No. The plaintiff only needs to allege that the defendant's claim is adverse to the plaintiff's own.
What happens if the adverse claim is based on a fake court order or bogus lien?
If the adverse claim qualifies as "sham legal process" under Section 1533 of Title 21, a prevailing plaintiff can recover three times the actual damages, plus costs and attorney's fees.
Does the defendant need to be convicted of a crime first?
No. Section 1141 makes clear the quiet title action is independent of any criminal case and doesn't require a conviction.
Can someone who isn't in possession of the property use this section?
Yes, but only by joining the quiet title claim with an action to recover possession.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma quiet title actionsham legal process quiet title12 O.S. § 1141treble damages fake lien oklahoma