If the successful claimant, his heirs, or the guardians of said heirs they being minors, shall elect to receive the value without improvements assessed as aforesaid, to be paid by the occupying claimant within such reasonable time as the court may allow, and shall tender a general warranty deed of the land in question, conveying such adverse or better title within said time allowed by the court for the payment of the money in this section mentioned, and the occupying claimant shall refuse or neglect to pay said money to the successful claimant, his heirs or their guardians, within the time limited as aforesaid, then a writ of possession shall be issued in favor of said successful claimant, his heirs or their guardians.
§ 1486.Election to Receive Value Without Improvements - Neglect Or Refusal to Pay
Chapter 27: Occupying Claimants · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1486 lets the successful claimant elect to receive the value of the land without improvements, paid by the occupying claimant within a reasonable time the court allows, in exchange for a tendered warranty deed, and authorizes a writ of possession if the occupying claimant refuses or neglects to pay.
Full Text of § 1486
Amendment History
R.L. 1910, § 4938.
Plain-English Summary
Instead of paying the occupying claimant for improvements, the successful claimant -- or that claimant's heirs or guardians, if the heirs are minors -- can flip the transaction around. The successful claimant can elect to receive the appraised value of the land without the improvements, to be paid by the occupying claimant within whatever reasonable time the court allows, in exchange for tendering a general warranty deed conveying the adverse or better title within that same time.
If the occupying claimant then refuses or neglects to pay within the time the court set, the remedy shifts back to the successful claimant: a writ of possession issues in that claimant's favor, or in favor of the claimant's heirs or their guardians.
Frequently Asked Questions
Can the person who proved better title just sell me the land instead of taking payment for my improvements?
Yes. Section 1486 lets the successful claimant elect to receive the value of the land without improvements, paid by you within a reasonable time the court sets, in exchange for a tendered warranty deed.
What happens if I don't pay within the time the court allows?
A writ of possession issues in favor of the successful claimant, or that claimant's heirs or guardians.
What does the successful claimant have to provide in this exchange?
A general warranty deed conveying the adverse or better title, tendered within the time the court allows for payment.
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: election to sell land occupying claimant oklahoma12 O.S. § 1486writ of possession occupying claimant nonpaymentwarranty deed occupying claimant oklahoma