Legal Question in Wills and Trusts in Oklahoma

Land Inheritance

My Grandfather wants to pass on 70 acres of natural land in NE Oklahoma to myself and 2 cousins. He has set up a non-profit foundation that we will be directors of by which to control the land. Would we be liable for injury or harm of persons tresspasing on the land? No one lives on the land, it is fenced and locked, and there are ''no-tresspasing signs posted. He does not have any property insurance for this land. What does Oklahoma tort and property law say on this matter? Thanks


Asked on 9/25/02, 9:03 pm

1 Answer from Attorneys

Hunt John Urgentlegalcare.com

Re: Land Inheritance

Thank you for your question. A lot depends on how the foundation is established; its final legal status. I would need to examine the documents concerning its creation to give a more definite answer. Generally directors are not liable for the negligence of the corporate entity. Unless you are actually in possession and use of the property under some arrangement with the foundation, other than as simply Director, I would not see how you could be individually liable for a tort. Generally, under Oklahoma law a landowner is not liable to a trespasser. However if the trespassers presence is known, there is a duty not to injure him by willful, wanton on intentional act. The duty owed to others will depend on their status. ie. whether they are there by invitation or have been granted some license to be there. To an invitee a land owner owes a duty to keep his premises in a reasonable safe condition and to remove or warn of any hidden dangers.of known dangers. To a licensee is owed a duty not to injure him by willful or wanton act or needlessly exposing him to danger by a failure to warn of any hidden danger known to the owner which the licensee is not likely to discover.

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Answered on 9/26/02, 11:30 am


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