Action to quiet title - Sham legal process

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.

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.

R.L. 1910, § 4927. Amended by Laws 1910-11, c. 10, p. 25, § 1; Laws

1957, p. 82, § 1, emerg. eff. June 1, 1957; Laws 1983, c. 33, § 1,

eff. Nov. 1, 1983; Laws 1997, c. 405, § 5, emerg. eff. June 13,

1997; Laws 1998, c. 57, § 1, emerg. eff. April 7, 1998; Laws 2000,

c. 147, § 6, eff. Nov. 1, 2000.