EstatePass
Practice Of Real EstateState_specificHARD

An Oklahoma real estate licensee is advising a client who wants to purchase farmland and use a nearby stream for crop irrigation. The seller has represented that the property 'comes with water rights.' The licensee knows that in Oklahoma, surface water rights are governed by prior appropriation. Which of the following actions represents the most critical due diligence step the licensee should recommend to the buyer regarding these water rights?

Correct Answer

A) Verify with the Oklahoma Water Resources Board that a valid appropriation permit exists, check its priority date and permitted volume, and confirm the method of transfer.

Because Oklahoma surface water rights are permit-based under the prior appropriation doctrine, the buyer must verify directly with the Oklahoma Water Resources Board that a valid permit exists, understand its seniority (priority date), confirm the volume of water authorized, and ensure the rights are properly transferred as part of the sale. A deed clause alone, a title policy, or county assessment records are not sufficient to establish or confirm the legal validity and transferability of surface water appropriation rights.

Answer Options
A
Verify with the Oklahoma Water Resources Board that a valid appropriation permit exists, check its priority date and permitted volume, and confirm the method of transfer.
B
Obtain a title insurance policy that will automatically cover all water rights claims associated with the property without any additional investigation.
C
Review the county assessor records to confirm that the water rights are listed as part of the property's assessed value, which validates their legal status.
D
Confirm that the property deed contains a clause specifically mentioning water rights, as this is sufficient to establish valid surface water rights in Oklahoma.

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Practice Of Real Estate Question

Sign up free to unlock full analysis

Background Knowledge for Practice Of Real Estate

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Practice Of Real Estate

Sign up free to unlock full analysis

Common Mistakes to Avoid on Practice Of Real Estate Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

due_diligencewater_permitprior_appropriationoklahoma_water_resources_boardsurface_waterbuyer_representation

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

Was this explanation helpful?

More Practice Of Real Estate Questions

People Also Study

Related Articles

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing