§ 1485.Judgment For Occupying Claimant - Appeal

Chapter 27: Occupying Claimants · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1485 requires the court to enter judgment that the successful claimant pay the occupying claimant the excess value of improvements over rents, damages, and waste before a writ of ouster issues, but lets the claimant obtain immediate ouster despite an appeal by posting an undertaking for double the excess.

Full Text of § 1485

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If the appraisers or jury appointed or impaneled as hereinbefore provided, shall find that the value of the improvements is greater than the value of the rents and damages and waste, then the court shall enter judgment that the successful claimant pay to the clerk of the court for the use of the occupying claimant the full amount of the excess of the value of the improvements over the value of the rents, damages and waste before the writ of ouster shall issue; Provided, that if either party shall deem himself aggrieved by the judgment and shall desire to contest either or both the findings of the court or the appraisement of the appraisers or the jury herein provided for, by appeals or otherwise, to a higher court, and the successful claimant shall execute an undertaking to the occupying claimant in double the amount of the excess in value as found by the appraisers or the jury, with good and sufficient surety to be approved by the clerk of the court, conditioned that he will pay such excess with interest from the date of the judgment, if the judgment be affirmed by the appellate court, then the writ of ouster shall, at the request of the successful claimant issue at once.

End

Amendment History

R.L. 1910, § 4937.

Plain-English Summary

When the appraisers or jury find the improvements worth more than the rents, damages, and waste combined, this section requires the court to order the successful claimant to pay that excess to the clerk, for the occupying claimant's benefit, before a writ of ouster can issue.

But a party unhappy with the findings or the appraisal isn't stuck waiting out a full appeal before anything happens. If the successful claimant wants the writ of ouster to issue right away despite planning to appeal or otherwise contest the findings, that claimant can execute an undertaking to the occupying claimant, with good and sufficient surety approved by the clerk, for double the excess value found, conditioned on paying that excess with interest from the judgment date if the appellate court affirms. Once that undertaking is in place, the writ of ouster issues immediately at the successful claimant's request.

Frequently Asked Questions

What must happen before I can be ousted if my improvements are worth more than the rents and damages owed?

The court must order the successful claimant to pay you, through the clerk, the excess value of the improvements before a writ of ouster issues.

Can the successful claimant get me evicted right away while appealing the value findings?

Yes, by posting an undertaking to you for double the excess value, with sufficient surety, conditioned on paying that excess with interest if the appeal fails.

What does the undertaking guarantee me?

Payment of the excess in value found by the appraisers or jury, plus interest from the date of judgment, if the appellate court affirms.

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: writ of ouster occupying claimant oklahoma12 O.S. § 1485appeal occupying claimant judgment oklahomaundertaking for immediate ouster oklahoma