In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover for withholding the property.
§ 1145.Recovery Where Plaintiff's Right Ceases During Action
Chapter 20: Actions Regarding Real Property · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1145 lets a plaintiff whose right to recover real property existed when the suit began, but ended before judgment, still recover for the period the defendant wrongfully withheld the property, with the verdict reflecting exactly what happened.
Full Text of § 1145
Amendment History
R.L. 1910, § 4931.
Plain-English Summary
Property rights can change mid-lawsuit -- a lease can expire, an estate can end. This section handles that timing problem: if the plaintiff had a right to recover the property when the case started, but that right ran out while the case was pending, the verdict and judgment must reflect the actual facts. The plaintiff doesn't lose everything; recovery is still available for the period the defendant wrongfully withheld the property.
Frequently Asked Questions
What happens if my right to the property ends while the lawsuit is still going on?
The verdict and judgment must reflect that fact, but you can still recover for the time the defendant withheld the property while your right existed.
Does the plaintiff need a right to recover at the time judgment is entered?
No. Section 1145 only requires the right to have existed when the action was commenced.
What kind of recovery is still available once the right has terminated?
Recovery for the defendant's withholding of the property during the period the plaintiff's right was in effect.
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: right to recover real property expires during lawsuit oklahoma12 O.S. § 1145recover for withholding property oklahomalease expires during ejectment suit