In an action, by a tenant in common of real property, against a cotenant, the plaintiff must, in addition to what is required in the second preceding section, state, in his petition, that the defendant either denied the plaintiff's right, or did some act amounting to such denial.
§ 1144.Action By Tenant Against Cotenant
Chapter 20: Actions Regarding Real Property · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1144 requires a tenant in common suing a cotenant for real property to plead, beyond the ordinary requirements of Section 1142, that the cotenant either denied the plaintiff's right or did something amounting to that denial.
Full Text of § 1144
Amendment History
R.L. 1910, § 4930.
Plain-English Summary
An ordinary cotenant's possession isn't adverse to the other cotenants -- the law presumes each cotenant holds for the benefit of all. So a tenant in common suing a fellow cotenant over real property has to plead something more than Section 1142 already requires: a specific allegation that the cotenant denied the plaintiff's right to the property, or did some act that amounts to that denial.
Frequently Asked Questions
What extra allegation does a cotenant have to plead in this kind of suit?
That the defendant cotenant either denied the plaintiff's right to the property or did some act amounting to that denial.
Why does the law demand this extra pleading for cotenant suits?
Because one cotenant's possession normally isn't treated as adverse to the others, so the plaintiff has to point to a specific act of denial to justify the action.
What does "the second preceding section" refer to?
Section 1142, which sets out the general pleading requirements for actions to recover real property.
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: cotenant real property dispute oklahomatenant in common ouster pleading oklahoma12 O.S. § 1144denial of cotenant's right oklahoma