Areas of Litigation Expertise

Transaction & Contract Disputes

Resolve earnest-money, breach, and failure-to-close issues. Litigate or enforce time-is-of-the-essence deadlines, appraisal/financing contingencies, and default provisions. Pursue specific performance, rescission, damages, or escrow releases based on contract language and notices. Collect the purchase contract, addenda, lender/appraiser correspondence, and inspection documents to build leverage quickly.

Seller Nondisclosure & Fraud

Pursue or defend actions over concealed or misrepresented defects despite “as-is” clauses. Assert fraud, misrepresentation, or breach-of-disclosure-duty claims, or defend by proving full disclosure and buyer inspection knowledge. Seek or resist rescission, repair costs, credits, or fraud damages. Use disclosures, inspection reports, photos, and communication history to prove or disprove intent and reliance.

Ownership and Title Challenges

Correct or defend against forged, mistaken, or disputed deeds and probate/tax-sale clouds. Seek reformation, declaratory judgment, or quiet title; or defend ownership by showing valid transfer or limitations defenses. Coordinate with title insurers to align curative strategy with coverage. Collect chain-of-title documents, commitments, and correspondence for both assertion and defense.

Boundary & Encroachment Disputes

Enforce or defend property-line rights when a fence, wall, or structure crosses boundaries. Seek removal, negotiate encroachment agreements, or obtain injunctive relief to stop construction. When defending, challenge survey accuracy, acquiescence, or de minimis encroachment. Preserve surveys, plats, photos, and permits to demonstrate factual control of the boundary.

Easements & Access

Assert or defend recorded, implied, or prescriptive easement rights. File or oppose TROs or preliminary injunctions to restore or maintain access. Negotiate relocation or usage terms to reduce conflict. Compile deeds, plats, use history, and communications to establish or contest necessity and scope.

Adverse Possession & Prescription

File or defend adverse possession and prescriptive easement suits by proving—or disproving—actual, open, notorious, exclusive, hostile, and continuous use. Pursue or resist declaratory relief that changes title. Present tax records, fences, maps, and witness statements to establish or refute possession timelines. For confirm-title actions, see our Quiet Title Actions page.

HOA & Covenant Enforcement

Represent homeowner associations and boards in enforcing covenants, rules, dues, and architectural restrictions. Draft, interpret, and amend governing documents; issue compliance notices; and pursue or defend lien filings, injunctions, and collections. Advise boards on meeting procedure, due process, and fair enforcement to prevent disputes before they start.

When representing owners, challenge unlawful fines, improper approvals, or selective enforcement while working toward resolution within the association’s framework. Collect covenants, bylaws, violation letters, photos, and meeting minutes to support or defend enforcement actions.

Trespass, Ejectment & Interference

Pursue or defend claims for unauthorized occupation, obstruction, or property damage. File ejectment or trespass suits, or defend by proving consent, license, or lack of damage. Seek or oppose injunctions and damages for loss of use. Document incidents, communications, and photographs to substantiate or refute allegations.

Co-Owner Disputes & Buyouts

Resolve disputes among heirs, partners, and LLC members over possession, management, or sale. Structure and defend buyouts, contribution claims, and accounting actions. When settlement fails, pursue or oppose partition or forced sale. Collect deeds, operating agreements, financials, and correspondence to clarify ownership rights. See our Partition & Forced Sale page for procedural details.

Title Insurance Coverage Disputes

Enforce or defend title-insurance coverage obligations. Challenge denials, prosecute bad-faith conduct, or defend insurers against improper claims. Align curative work with litigation strategy to minimize duplication. Provide policy schedules, claim files, and correspondence to evaluate duty-to-defend and indemnity positions.

Lis Pendens, TROs & Injunctive Relief

File or contest lis pendens notices and emergency injunctions that preserve property status. Protect ownership rights without over-filing or exposing yourself to damages. Prepare declarations and harm analyses to obtain or defeat TROs and preliminary injunctions. Maintain precision in filings to balance leverage with compliance.

Commercial Property Disputes

Prosecute or defend commercial lease, CAM, build-out, or guaranty disputes. Enforce payment and performance obligations or resist overreaching claims. Coordinate related eviction or unlawful detainer actions (see Landlord / Tenant page). Audit ledgers, amendments, and notices to substantiate or counter alleged defaults.

Estate & Probate Property Disputes

Handle property litigation tied to estates, trusts, or inherited real estate. Represent heirs, beneficiaries, and personal representatives in resolving ownership, title, or sale conflicts arising during or after probate. File or defend partition, quiet title, or will-contest-related property claims when estate property is disputed. Coordinate with probate counsel to align estate administration and title outcomes.

See our Estate & Probate Litigation page for full details on contested wills, trusts, and fiduciary claims.

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Strategy First

We focus on strategy first, not needless litigation. Some firms escalate conflict needlessly. We don’t. We help you weigh risk, cost, timing, and realistic outcomes, and we exhaust practical options (demand letters, curated negotiations, practical solutions) before filing suit.

Goal Oriented

When necessary, we litigate aggressively with a property‑law focus and targeted specific remedies. To protect your property rights, we isolate and pursue the ideal claims, defenses, injunctions (including TROs), motions, discovery, and trial strategy to secure relief.

Value

We encourage all clients to engage in a cost-benefit analysis, and we only recommend litigation or legal action when there appears to be a solid return on investment.

Location / Coverage

We serve all Oklahoma counties. Our main office is in Edmond, but our remote-first approach allows for convenience in all locations.

Litigation Fees Overview

Pre‑Litigation Demands & Negotiations $1,000 - $3,000

Assess facts, craft a targeted demand with evidence and proposed terms, and manage focused negotiations or informal mediation to resolve the dispute without filing.

Strategy & Research Prior to Suit $1,000 - $2,000

Analyze documents, claims/defenses, deadlines, venue, and remedies; build a case map and strategy that align with your objectives.

Drafting, Filing & Service $1,000 - $3,000

Prepare the petition/answer/counterclaims and exhibits, file the case, coordinate service, and evaluate responses.

Discovery & Depositions $3,000 - $15,000

Draft and respond to discovery, manage document production, take/defend depositions, and scope experts to prove or disprove key issues. Cost depends heavily on factual complexity of case.

Motions Practice (Early Resolution) $3,000 - $10,000

This phase may be skipped or pursued depending on the legal strategy and issues at play. File or oppose dispositive and interim motions (e.g., summary judgment, compel, protective orders) and argue hearings to narrow or end the case. 

Trial Preparation $5,000 - $10,000

Finalize exhibits and witness outlines, prepare jury instructions/verdict forms, handle pretrial conferences, and drive last-minute settlement efforts.

Trial $5,000 - $10,000+

Conduct bench or jury trial: openings, direct/cross examinations, evidentiary objections, and closings; manage on-the-ground logistics.

Post-Trial Proceedings $1,500 - $5,000+

Conduct bench or jury trial: openings, direct/cross examinations, evidentiary objections, and closings; manage on-the-ground logistics.

Appeals $4,000 - $10,000+

File the notice of appeal, designate the record, brief the issues, and prepare for oral argument; scope depends on preserved errors and record size.

Pricing is Variable

Litigation services are inherently unpredictable and therefore billed hourly. We provide general estimates only. These should not be relied upon as a true quote.
Keep in mind that not all phases of litigation are necessary. Most cases settle prior to trial. By using the most efficient legal strategy available, we minimize cost and delays as much as possible.
The above pricing table is intentinaly over-simplified and may not reflect the actual course or dynamics of ongoing litigation.
Court costs, expert fees, and travel are additional where applicable.

Litigation Hourly Rates

(Subject to Periodic Adjustment)

Support Staff $125 / Hour

Paralegals $175 / Hour

Junior Attorneys $190 / Hour

Mid-Level Attorneys $225 / Hour

Senior Attorneys $300 / Hour

General Litigation Questions

Do I have to file a lawsuit right away?

Not necessarily. We start by reviewing your facts, goals, deadlines, and leverage. Many Oklahoma property disputes resolve with a targeted demand, focused negotiation, or mediation—no lawsuit required. If court becomes necessary, we’ll explain the likely path, cost, and timeline before filing.

What if the other side ignores my demand letter?

We reassess leverage and urgency. Next steps may include filing suit, making an additional phone call, or in limited cases recording a lis pendens to protect property rights. We’ll choose the option that best aligns with your objectives and budget.

How long does real-estate litigation take in Oklahoma?

Emergency injunctions can be decided in weeks; full cases often take months or years. Timing depends on county docket, judge, complexity, and cooperation. Most disputes settle during discovery or after key motions once the evidence and risks are clear to both sides.

How much does litigation cost?

Cost depends on complexity, opposition, and court activity. Our matters bill hourly; see the Litigation Fee Overview above for typical phase ranges. We budget by phase, revisit assumptions as the case evolves, and pursue early resolution whenever it provides a better ROI.

Can I recover my attorney’s fees?

Yes, but only if you establish fee-shifting from your contract, an Oklahoma statute, or the court’s discretion. We evaluate fee-shifting and factor it into strategy, settlement posture, and choices about motions practice.

Which county should I file in?

Venue generally ties to where the property sits or where defendants reside/acted. We confirm venue and jurisdiction at intake; filing in the correct Oklahoma county helps avoid delays, transfer requests, or procedural fights that drive up cost.

Do you handle cases remotely across Oklahoma?

Yes. We represent clients statewide by phone/email and meet in person when helpful. Remote-first service reduces travel and scheduling friction while keeping you closely informed with regular written updates.

Transaction Dispute Questions

Buyer won’t close—can I force the sale?

Often, land’s uniqueness supports specific performance. We also pursue or defend damages tied to breach, missed “time-is-of-the-essence” deadlines, or financing failures. Contract language, notices, and your goals drive whether we push for performance, money, or a structured settlement.

Seller backed out—what are my options?

Depending on your contract and timing, remedies may include specific performance, rescission, or damages. We analyze contingencies, cure periods, and communications to map the best outcome—then negotiate or litigate to secure it.

Who gets the earnest money if a deal collapses?

It turns on contingencies, default provisions, and notice timing. We litigate or defend escrow disputes, press brokers for releases when warranted, and use inspection/appraisal records and communications to prove who performed and who defaulted.

Does an “as-is” clause block claims over defects?

“As-is” language blocks many claims in Oklahoma, but it does not excuse outright lies on the disclosure statement or outright fraud. We start with a feasibility analysis before pursuing a claim.

Financing or appraisal failed—am I in breach?

It depends on your financing/appraisal contingencies and your good-faith effort to satisfy them. We enforce or defend rights tied to lender timelines, denial letters, and notice requirements to avoid wrongful default.

Do merger/integration clauses kill verbal promises?

Merger clauses favor the written contract, but they don’t protect fraud. We evaluate pre-contract statements, disclaimers, and reliance to pursue or defend misrepresentation claims alongside contract remedies.

Ownership & Boundary Questions

My neighbor’s fence/building crosses the line—what can I do?

Demand removal, negotiate an encroachment agreement, or seek an injunction to halt ongoing work. When defending, we may contest survey accuracy, raise acquiescence, or show minimal encroachment. Surveys, photos, and permits usually decide strategy.

Fence and survey don’t match—who’s right?

We compare legal descriptions, survey quality, monuments, and historical use. Some disputes resolve with agreements; others need declaratory relief. Evidence from surveyors and long-time neighbors can be crucial to confirm the true boundary.

What is adverse possession?

A route to ownership based on long, open, continuous, exclusive, and hostile possession. We prosecute or defend adverse-possession and prescriptive-easement claims with maps, tax records, fencing evidence, and witness timelines. Some title cures later proceed by quiet title.

My driveway or acccess was blocked—can you reopen it?

We can request a TRO or preliminary injunction while asserting or defending recorded, implied, or prescriptive easement rights. Deeds, plats, usage history, and neighbor communications help prove scope and necessity.

There’s an old lien or deed error clouding title—how do we fix it?

Depending on the defect, we use curative documents or pursue a quiet title action to remove the cloud and confirm ownership. For the full process and timelines, see our Quiet Title Actions page.

Do I need a new survey for a boundary case?

Often, yes. A current, well-documented survey strengthens or counters encroachment and easement claims. We coordinate with surveyors early when accuracy will drive outcomes or support injunctions.

Litigation Procedure Questions

What happens after a lawsuit is filed?

The court sets deadlines for discovery, motions, and trial. We manage pleadings, evidence exchange, depositions, and hearing strategy—while updating you regularly and exploring settlement windows at logical inflection points.

What is discovery?

It’s the formal exchange of evidence: document requests, interrogatories, admissions, and depositions. Preserve emails, texts, photos, and reports—spoliation (lost/destroyed evidence) can damage your case or lead to sanctions.

Can we win without a trial?

Often. Summary judgment can resolve claims when the material facts aren’t genuinely disputed. Targeted motions, strong records, and credible experts increase early-resolution odds for either side.

What’s the difference between a TRO and a preliminary injunction?

A TRO is short-term emergency relief; a preliminary injunction preserves the status quo until judgment. Courts may require a bond. We pursue or oppose injunctive relief ONLY when immediate action is necessary to protect property rights.

Will a judge or a jury hear my case?

Many real estate disputes are bench-tried, but juries are possible depending on claims and contract clauses (e.g., jury waivers or arbitration). We weigh venue, remedy, and strategy when choosing or challenging the forum.

Will mediation be required?

Often, yes. Oklahoma courts often order mediation before trial. We prepare leverage, comparables, and settlement structures to increase the chances of a practical, timely resolution.

JONES PROPERTY LAW