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,- #.!+,
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+%%'3 !#"#&3;+
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7A!B2#$(+':
:C2#+!'#!" +:
<*+ $$!" +%'#$+:
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)D"!(.%.- <
))12$&+.!" .'$*4!("&#+&+5
),(!.2#++&+5
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,/=!2(3 ?,
,6!?'$&++32$'I.+?,
,&'#J#&!?'$&++.+?/
,7@#&!?'$&+'&'#J$/
,7@#&!?'$&+"'#$+$/
,73@#&=!2($!?'$&+"'#$+$=!%(/
,:!?'$&+3.$%2+ !'?.$#+#!+!2+"'#$+$6
,<12(!.+!!?'$&+"'#$+$6
,<D!$.$$8+&&8+!8!?'$&+$.!("'#$(6
/5@.+ $$
/@.B2#+!'#$$
/)@.#40$$
/,D!$#&.#+2+$92$&+4!(&'++#+2+$#+
!2+ 7
6D%'$3 <</8!),:884%+8<</:
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6,D!$$#&$$!2+D32-3'%2%(:
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!$$3 $!$92$&+.!2+)5
,(!.!'#),
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##%)/
:3'#(.$!+#.!+2!("%#)6
7?+3'!$(+'$;$)6
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7,'#%#+$+.+(+'2''$"#$)
7/@#'#&.(!.!'#E#3#'#+ '!?.?'$&#+  %#$$
B2#"'++;'#&(!)7
76++$!$#&.(!'&'%!)7
7=!%(+%%'#!(.!++ #+2+D+.(+'"$#'#++
)<
77%(.++2+.'##+(!$#&++2+24!+$,5
7:E;#(,
7<'(.;'#&'$2(!.!'#C2#+(+'!(#$%$+.!##'
!(,
:5+2!(,)
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:,-+#!>$"#+ '+,)
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:6@'+++'(,)
:+(+',,
:)E;#(,,
:,'#$#+ .'!+#!$!2+,,
:/D!$#&.$!2+,/
:6$##+($+$$,6
:#.#+ .%%'#!($!+2!(,6
:7D'(+'!+#!#&+2#L'3'$('!!+,6
:7D!$(.'!+#!$!2+#+&#3'.,6
<%( !" 3 - ,:
<)+2+3 !%("'#$,:
<,.=!2(3 !%(,:
</D%'$3 <</8!),:884%+8<</,:
<6!?'$&+3 !%(@,:
<!#!0+#'0'#+++=!2(8-+(8'!?'$&+
+B2#$D',<
)5#+(,<
)5)D#&+$$2(.%(,<
)5,#.',<
§16-1. Persons who may convey - Married persons - Legal entities.
?'++2+#+'" ! &)
A. Any person at least eighteen (18) years of age, being
otherwise qualified thereto, and all persons upon whom the rights of
majority have been conferred, and any legal entity, may own and
transfer real property. Provided, that any persons of whatsoever
age, who have been legally married and who are otherwise qualified,
may own and transfer real property acquired after marriage.
B. A transfer of real property may be made to, and title taken
in, the name of a legal entity or of an office, in which case the
title vests in the entity or the person from time to time holding the
office.
C. As used in this section, "entity" or "legal entity" means a
corporation, government, governmental subdivision or agency, business
trust, estate, trust, partnership, limited liability company, joint
venture, an unincorporated association formed for the purposes
authorized by the Interlocal Cooperation Act in Section 1003 of Title
74 of the Oklahoma Statutes or any other entity otherwise authorized
by statute to hold title to real property.
D. Unless otherwise provided by statute, a defunct or dissolved
entity continues in existence for the purpose of transferring real
property.
R.L. 1910, § 1140. Amended by Laws 1972, c. 221, § 5, eff. Aug. 1,
1972; Laws 1995, c. 232, § 2, eff. Nov. 1, 1995.
§16-2. Witness not necessary.
No subscribing witness shall be necessary to the validity of any
deed, mortgage, contract, lease, bond, or other instrument conveying,
affecting or relating to real estate.
R.L.1910, § 1141.
§16-3. Attorney-in-fact.
Any instrument affecting real estate may be made by an attorney-
in-fact, duly appointed and empowered as hereinafter provided.
R.L.1910, § 1175.
§16-4. Necessity of writing and signing - Veterans' loans -
Homestead - Joinder of husband and wife - Effect of record for 10
years.
A. No deed, mortgage, or conveyance of real estate or any
interest in real estate, other than a lease for a period not to
exceed one (1) year, shall be valid unless in writing and subscribed
by the grantors. No deed, mortgage, or contract affecting the
homestead exempt by law, except a lease for a period not exceeding
one (1) year, shall be valid unless in writing and subscribed by both
husband and wife, if both are living and not divorced, or legally
separated, except as otherwise provided for by law.
B. Unless specifically restricted, an attorney-in-fact may
execute a valid deed, mortgage or contract affecting the homestead
?'++2+#+'" ! &,
exempt by law including the principal's personal homestead rights on
behalf of:
1. A husband;
2. A wife; or
3. A husband and wife.
C. In order for the execution of an instrument affecting the
exempt homestead by an attorney-in-fact to be valid, the power of
attorney authorizing execution of a deed, mortgage, or contract
affecting the homestead exempt by law shall be recorded with the
county clerk of the county or counties in which the affected property
is located.
D. Nonjoinder of the spouse shall not invalidate the purchase of
a home with mortgage loan insurance furnished by the Veteran's
Administration or written contracts and real estate mortgages
executed by the spouse of a person who is certified by the United
States Department of Defense to be a prisoner of war or missing in
action. A deed affecting the homestead shall be valid without the
signature of the spouse of the grantor, and the spouse shall be
deemed to have consented thereto, when said deed has been recorded in
the office of the county clerk of the county in which the real estate
is located for a period of ten (10) years prior to a date six (6)
months after May 25, 1953, and thereafter when the same shall have
been so recorded for a period of ten (10) years, and no action shall
have been instituted within said time in any court of record having
jurisdiction seeking to cancel, avoid, or invalidate such deed by
reason of the alleged homestead character of the real estate at the
time of such conveyance.
R.L. 1910, § 1143. Amended by Laws 1945, p. 40, § 1; Laws 1953, p.
64, § 1; Laws 1973, c. 24, § 1, emerg. eff. April 17, 1973; Laws
1983, c. 309, § 1, operative Oct. 1, 1983; Laws 1997, c. 80, § 1,
eff. Nov. 1, 1997.
§16-5. Validation of conveyances.
All deeds, mortgages and contracts relating to real estate or any
interest therein executed since the taking effect of Chapter 8, of
the Session Laws of Oklahoma, 1897, executed in accordance with the
provisions of the preceding section are hereby declared to be legal
and valid.
R.L.1910, § 1144.
§16-6. When husband or wife may convey homestead.
Where the title to the homestead is in the husband, and the wife
voluntarily abandons him for a period of one (1) year or from any
cause takes up her residence out of the state, he may convey,
mortgage or make any contract relating thereto without being joined
therein by her; and where the title to the homestead is in the wife
and the husband voluntarily abandons her, or from any cause takes up
?'++2+#+'" ! &/
his residence out of the state for a period of one (1) year she may
convey, mortgage or make any contract relating thereto without being
joined therein by him.
R.L.1910, § 1145.
§16-7. Husband or wife of incapacitated spouse may sell, convey,
lease or mortgage homestead held in joint tenancy.
In case of a homestead held in joint tenancy, if one spouse
becomes incapacitated, upon application of the other spouse to the
district court of the county in which the homestead is located, and
upon due proof of said incapacity, the court may issue an order
permitting said other spouse to sell, convey, lease, lease for oil
and gas mining purposes, or mortgage the homestead. For purposes of
this section and Sections 3 and 4 of this act "incapacitated" or
"incapacity" means impairment due to mental illness, mental
deficiency, physical illness or disability, to the extent the
individual lacks sufficient understanding or capacity to make or
communicate responsible decisions.
Amended by Laws 1983, c. 309, § 2, operative Oct. 1, 1983.
§16-8. Verified petition to be filed.
The applicant shall present and file in the district court a
verified petition setting forth the name and age of the incapacitated
spouse, a description of the homestead, the county in which the
homestead is located, and such other facts relating to the
circumstances and needs of the applicant and his family that may
support the petition.
Amended by Laws 1983, c. 309, § 3, operative Oct. 1, 1983.
§16-9. Copy of petition to be served.
At least thirty (30) days before the hearing of the petition, the
applicant or his attorney shall serve a copy of the petition upon the
nearest competent relative of the incapacitated spouse in this state.
If there is no such relative known to the applicant, a copy of the
petition shall be served upon the district attorney of the county in
which the homestead is located. The district attorney, if served
with a copy of the petition, shall appear in court and see that the
application is made in good faith and that the proceedings thereon
are fairly conducted.
Amended by Laws 1983, c. 309, § 4, operative Oct. 1, 1983.
§16-9.1. Notice of sale - Orders.
Any sale provided for in this act shall be conducted pursuant to
the notice and order provisions of Sections 826, 827 and 833 of Title
58 of the Oklahoma Statutes.
Added by Laws 1983, c. 309, § 5, operative Oct. 1, 1983.
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§16-10. Order of sale to be entered of record.
If the court shall make the order authorizing the sale of the
homestead as herein provided, the same shall be entered upon the
minutes of the court and thereafter the sale, conveyance, lease, or
mortgage made in pursuance of such order shall be as valid and
effectual as if the property affected thereby was the absolute
property in fee simple of the person making such sale, conveyance,
lease or mortgage.
R.L.1910, § 1149. Amended by Laws 1947, p. 81, § 2.
§16-11. Estoppel by receiving benefits.
Any person or corporation, having knowingly received and accepted
the benefits or any part thereof, of any conveyance, mortgage or
contract relating to real estate shall be concluded thereby and
estopped to deny the validity of such conveyance, mortgage or
contract, or the power or authority to make and execute the same,
except on the ground of fraud; but this section shall not apply to
minors or persons of unsound mind who pay or tender back the amount
of such benefit received by themselves.
R.L.1910, § 1150.
§16-11A. Constructive mortgage - Exemptions.
All contracts for deed for purchase and sale of real property
made for the purpose or with the intention of receiving the payment
of money and made for the purpose of establishing an immediate and
continuing right of possession of the described real property,
whether such instruments be from the debtor to the creditor or from
the debtor to some third person in trust for the creditor, shall to
that extent be deemed and held mortgages, and shall be subject to the
same rules of foreclosure and to the same regulations, restraints and
forms as are prescribed in relation to mortgages. No foreclosure
shall be initiated, nor shall the court allow such proceedings,
unless the documents have been filed of record in the county clerk's
office, and mortgage tax paid thereon, in the amount required for
regular mortgage transactions. Provided, however, mutual help and
occupancy agreements executed by an Indian housing authority created
pursuant to Section 1057 of Title 63 of the Oklahoma Statutes shall
not be considered to be mortgages or contracts for deed under the
provisions of this section.
Amended by Laws 1983, c. 108, § 1, emerg. eff. May 12, 1983.
§16-12. Officers' deeds recorded.
Deeds executed by any sheriff or other officer, for real estate
sold under execution, order of sale, or pursuant to any order or
decree of court, shall be executed, acknowledged and recorded in the
manner and with like effect as other deeds.
R.L.1910, § 1151.
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§16-13. Conveyance of separate property.
A. The husband or wife may convey, mortgage or make any contract
relating to any real estate, other than the homestead, belonging to
him or her, as the case may be, without being joined by the other in
such conveyance, mortgage or contract.
B. In the event a recorded conveyance of nonhomestead property
has been executed by a married grantor without being joined by his or
her spouse, said conveyance shall still be considered a valid
conveyance of marketable title if one of the following instruments is
placed of record:
1. An affidavit executed by the nonjoining spouse stating that
the property conveyed was nonhomestead property; or
2. A conveyance executed by the nonjoining spouse, with or
without others, relinquishing any claim to an interest in the
property to the same grantee, or to a successor or successors in
interest, with a recitation that the property was nonhomestead
property.
R.L.1910, § 1152. Amended by Laws 2019, c. 97, § 1, eff. Nov. 1,
2019.
§16-14. Terms defined.
The words "land," "real estate" and "premises" when used herein
or in any instrument relating to real property, are synonyms and
shall be deemed to mean the same thing, and unless otherwise
qualified, to include lands, tenements and hereditaments; and the
word "appurtenances" unless otherwise qualified shall mean all
improvements and every right of whatever character pertaining to the
premises described.
R.L.1910, § 1153.
§16-15. Necessity of acknowledgment and recording - Condition for
judgment lien to be binding against third persons.
Except as hereinafter provided, no acknowledgment or recording
shall be necessary to the validity of any deed, mortgage, or contract
relating to real estate as between the parties thereto; but no deed,
mortgage, contract, bond, lease, or other instrument relating to real
estate other than a lease for a period not exceeding one (1) year and
accompanied by actual possession, shall be valid as against third
persons unless acknowledged and recorded as herein provided. No
judgment lien shall be binding against third persons unless the
judgment lienholder has filed his judgment in the office of the
county clerk as provided by and in accordance with Section 706 of
Title 12 of the Oklahoma Statutes.
R.L. 1910, § 1154; Laws 1992, c. 119, § 1, eff. Sept. 1, 1992; Laws
1993, c. 351, § 6, eff. Sept. 1, 1993.
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§16-16. Instruments filed for record as constructive notice.
Every conveyance of real property acknowledged or approved,
certified and recorded as prescribed by law from the time it is filed
with the register of deeds for record is constructive notice of the
contents thereof to subsequent purchasers, mortgagees, encumbrancers
or creditors.
R.L.1910, § 1155.
§16-16.1. Filing of special improvement district assessment in
office of county clerk.
Within thirty (30) days after the effective date of this act or
after the formation of a new special improvement, protection, or
conservancy district, the clerks and secretaries of all such
districts shall record in the office of the county clerk of the
county in which any part of the district is located a certified copy
of the ordinance, resolution, or order of the court creating the
district, and a plat of all parcels or tracts of land included in
said district. If thereafter the boundaries of the district are
enlarged or diminished by the creating authority, the clerk shall
record a certified copy of the ordinance, resolution, or order of the
court so enacted in the office of the county clerk within thirty (30)
days after said enactment. The county clerk shall record the plat of
the special district at such fees as provided by law for recording
plats, and indicate the land affected on the numerical index. Liens
for assessments levied thereafter by any such district shall not
attach to the lands within the district until such ordinance,
resolution, or order of the court is recorded. Provided that nothing
herein shall be construed as affecting any liens or assessments
existing prior to the effective date of this act.
Added by Laws 1980, c. 255, § 1, eff. Oct. 1, 1980.
§16-17. After-acquired title.
All rights of a mortgagor or grantor in and to the premises
described in the instrument and existing at the time or subsequently
accruing, shall accrue to the benefit of the mortgagee or grantee,
and be covered by his mortgage or conveyed by his deed, as the case
may be.
R.L.1910, § 1160.
§16-18. Quitclaim conveys what.
A quitclaim deed, made in substantial compliance with the
provisions of this chapter, shall convey all the right, title and
interest of the maker thereof in and to the premises therein
described.
R.L.1910, § 1161.
§16-19. Warranty deed conveys what - Implied terms.
?'++2+#+'" ! &:
A warranty deed made in substantial compliance with the
provisions of this chapter, shall convey to the grantee, his heirs or
assigns, the whole interest of the grantor in the premises described,
and shall be deemed a covenant on the part of the grantor, that at
the time of making the deed he is legally seized of an indefeasible
estate in fee simple of the premises and has good right and full
power to convey the same; that the same is clear of all encumbrances
and liens, and that he warrants to the grantee, his heirs and
assigns, the quiet and peaceable possession thereof, and will defend
the title thereto against all persons who may lawfully claim the
same, and the covenants and warranty shall be obligatory and binding
upon any such grantor, his heirs and personal representatives as if
written at length in such deed.
R.L.1910, § 1162.
§16-20. Power of attorney - Execution - Recording.
A power of attorney in fact for the conveyance of real estate or
any interest therein, or for the execution or release of any mortgage
therefor, shall be executed, acknowledged and recorded in the manner
required by this chapter for the execution, acknowledgment and
recording of deeds and mortgages, and shall be recorded in the county
where the land is situated, and no deed, mortgage or release of a
mortgage executed by an attorney in fact shall be received for record
or recorded until the power under which the same is executed has been
duly filed for record in the same office; and the recording of any
deed, mortgage or release of mortgage shall be of no effect for any
purpose until the power under which it is executed has been duly
filed for record in the same office. Provided that any power of
attorney promulgated by any agency of the Government of the United
States shall be deemed sufficiently recorded for purposes of this
section if the promulgation thereof shall have been published in the
Federal Registry of the Government of the United States and any
instrument executed pursuant to said power of attorney recites the
specific reference to said publication.
R.L.1910, § 1163; Laws 1977, c. 69, § 1, emerg. eff. May 23, 1977.
§16-21. Revocation of power of attorney.
No instrument containing a power of attorney for the conveyance,
mortgage, or lease of any estate or interest in real property which
has been recorded, is to be deemed revoked as to third parties by any
act of the person by whom it was executed, unless the instrument
containing such revocation is also recorded in the same office in
which the instrument containing the power of attorney was recorded.
R.L.1910, § 1164.
§16-22. Judgment for recovery of land - When effective against
grantors.
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In all cases where there is a recovery of land or any interest
therein, adverse to any warranty deed thereto, the judgment by which
such recovery is had shall not be effective, or become the basis of
an action, against previous grantors, other than those who are
parties thereto, or have been notified in writing of the pendency
thereof twenty (20) days before such judgment is entered.
R.L.1910, § 1165.
§16-23. Notice of suit to grantor.
In all cases where an action is brought against a grantee to
recover real estate conveyed to him by warranty deed he must notify
the grantor, or person bound by the warranty, that such suit has been
brought, at least twenty (20) days before the day of trial, which
notice shall be in writing and shall request such grantor or other
person to defend against such action; and in case of failure to give
such notice there shall be no further liability upon such warranty,
except when it is clearly shown that it was impossible to make
service of such notice.
R.L.1910, § 1166.
§16-24. Defense by warrantor - Recovery by warrantee.
Where any grantor appears in any action to defend his warranty or
fails to appear after due notice, the court shall determine all the
rights of all the parties, and in case the recovery is adverse to the
warranty, the warrantee shall recover of the warrantor the price of
the land paid for the conveyance at the time of the warranty, the
value of all improvements lost, if any, and all sums necessarily
expended, including a reasonable attorney fee, and interest at the
rate of ten percent (10%) per annum on all sums so paid from the time
of payment.
R.L.1910, § 1167.
§16-25. Failure to defend - Recovery.
If a warrantor or other person bound by a warranty shall fail to
appear and defend after due notice as above provided the warrantee
may defend the action and recover in a separate suit all sums
expended the same as he might do in the same suit, as provided in
this act.
R.L.1910, § 1168.
§16-26. Acknowledgment before recording.
No deed, mortgage or other instrument affecting the real estate
shall be received for record or recorded unless executed and
acknowledged in substantial compliance with this chapter; and the
recording of any such instrument not so executed and acknowledged
shall not be effective for any purpose.
R.L.1910, § 1169.
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§16-27a. Instruments recorded for five (5) years valid
notwithstanding defects - Evidence.
A. When any instrument shall have been recorded in the office of
the county clerk in the proper county for the period of five (5)
years, and the instrument contains any of the following defects:
1. It has not been signed by the proper representative of a
legal entity;
2. The representative is not authorized to execute the
instrument on behalf of the legal entity;
3. A power of attorney has not been filed of record for an
attorney in fact executing the instrument;
4. The seal of the legal entity has not been impressed on such
instrument or the record does not show such seal;
5. The instrument is not acknowledged;
6. A deed or conveyance does not bear endorsement of approval by
the appropriate governmental planning authority having jurisdiction;
or
7. Any defect in the execution, acknowledgment, recording or
certificate of recording the same,
such instrument shall, from and after the expiration of five (5)
years from the filing thereof for record, be valid as though such
instrument had, in the first instance, been in all respects duly
executed, acknowledged, approved by the appropriate planning
authority having jurisdiction, and certified. Such instrument or the
record thereof or a duly-authenticated copy thereof shall be
competent evidence without requiring the original to be produced or
accounted for to the same extent that written instruments, duly
executed and acknowledged, or the record thereof, are competent.
However, nothing herein contained shall be construed to affect any
rights acquired by grantees, assignees or encumbrancers subsequent to
the filing of such instrument for record and prior to the expiration
of five (5) years from the filing of such instrument for record.
B. This section shall apply to instruments recorded before or
after November 1, 1995. However, with respect to those recorded
before such date, the five-year period specified above shall not
expire until one (1) year after the effective date of this act.
Added by Laws 1941, p. 56, § 1. Amended by Laws 1947, p. 81, § 1;
Laws 1988, c. 168, § 1, eff. Nov. 1, 1988; Laws 1995, c. 232, § 3,
eff. Nov. 1, 1995.
§16-28. Instruments to be printed or handwritten in English –
Electronic filing.
A. No instrument affecting the title to real estate shall be
filed for record or recorded unless plainly printed, typed, or
handwritten or partly printed, partly typed, or partly handwritten,
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and the instrument is an original or a certified copy of an original
instrument, clearly legible in the English language.
B. The provisions of subsection A of this section shall not
prevent the filing of documents electronically pursuant to the
Uniform Real Property Electronic Recording Act.
R.L. 1910, § 1171. Amended by Laws 1996, c. 195, § 2, eff. Nov. 1,
1996; Laws 1997, c. 1, § 1, emerg. eff. Feb. 18, 1997; Laws 1997, c.
233, § 1, eff. July 1, 1997; Laws 2008, c. 295, § 8, eff. Nov. 1,
2008.
§16-29. Fee simple - Exception.
Every estate in land which shall be granted, conveyed or demised
by deed or will shall be deemed an estate in fee simple and of
inheritance, unless limited by express words.
R.L.1910, § 1175.
§16-30. Will recorded.
Any will, devising real estate or any interest therein, or a copy
thereof, together with a copy of the probate thereof, all duly
certified by the county judge, may be filed and recorded in the
office of the register of deeds, with like effect as a deed duly
executed and acknowledged.
R.L.1910, § 1176.
§16-31. Judgment recorded.
Any judgment or decree of a court of competent jurisdiction
finding and adjudging the rights of any party to real estate or any
interest therein, duly certified, may be filed for record and
recorded in the office of the register of deeds, with like effect as
a deed duly executed and acknowledged.
R.L.1910, § 1177.
§16-32. Minor may hold real estate - Estates to commence in future.
A minor may take and hold title to real estate, and an estate of
freehold or inheritance may be made to commence in the future by
express provisions of the deed, and without at the same time creating
any intervening estate.
R.L.1910, § 1178.
§16-33. Form of acknowledgment.
An acknowledgment by individuals of any instrument affecting real
estate shall be in substantially a form as provided for in the
Uniform Law on Notarial Acts or in substantially the following form:
State of Oklahoma, )
) ss.
__________ County. )
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Before me, ____ in and for this state, on this ____ day of ____,
________ personally appeared ________ to me known to be the identical
person(s) who executed the within and foregoing instrument, and
acknowledged to me that ____ executed the same as ____ free and
voluntary act and deed for the uses and purposes therein set forth.
R.L.1910, § 1179. Amended by Laws 1998, c. 189, § 1, eff. Nov. 1,
1998; Laws 1999, c. 104, § 1, emerg. eff. April 19, 1999.
§16-34. Execution by mark.
When real estate is conveyed or encumbered by an instrument in
writing by a person who cannot write his or her name, the person
shall execute the same by a mark, and the person’s name shall be
written near the mark by one of two persons who saw the mark made,
who shall write their names on the instrument as witnesses. In case
the instrument is acknowledged, then the officer taking the
acknowledgment shall, in addition to the other necessary recitals in
the acknowledgment, state that the grantor executed the instrument,
by inserting in the form of acknowledgment provided in Section 33 of
this title by individuals after the words "foregoing instrument" the
words "by the person’s mark, in my presence and in the presence of
____ and ____ as witnesses".
R.L.1910, § 1180. Amended by Laws 1999, c. 104, § 2, emerg. eff.
April 19, 1999.
§16-35. Acknowledgment to be under seal - Before whom taken.
Every acknowledgment must be under seal of the officer taking the
same; and when taken in this state, it may be taken before any notary
public, county clerk, clerk of the district court, clerk of the
county court, or county judge; and when taken elsewhere in the United
States, or United States possessions, or Canada (including
Newfoundland), it may be taken before any notary public, clerk of a
court of record, or commissioner of deeds duly appointed by the
Governor of the state for the county, state or territory where the
same is taken; and when taken in any other foreign country, it may be
taken before any court of record or clerk of such court, or before
any Consul of the United States, provided, that acknowledgments
relating to military business of the state may be taken before an
officer in charge of any summary Court-Martial appointed under the
provisions of Section 157, Title 44, Oklahoma Statutes, 1941, a
certified copy of whose appointment is placed of record in the office
of the Secretary of State by the Adjutant General.
R.L.1910, § 1181. Amended by Laws 1913, c. 226, p. 604, § 1, emerg.
eff. July 1, 1913; Laws 1935, p. 200, § 1, emerg. eff. March 23,
1935; Laws 1945, p. 41, § 1, emerg. eff. April 16, 1945.
§16-36. Legalizing acknowledgments heretofore taken.
?'++2+#+'" ! &,
In all cases where heretofore any county judge, register of
deeds, United States commissioner, or United States court
commissioner has taken acknowledgment of deeds or other conveyances
of real estate in their respective counties, that the same be and are
hereby legalized and made valid and binding; and such action shall
have the same force and effect as if taken before some officer
heretofore empowered by the statute to take acknowledgments.
R.L.1910, § 1182.
§16-37. Foreign acknowledgments legalized.
All deeds, mortgages, oil and gas leases, powers of attorney and
other instruments of writing for the conveyance or encumbrance of any
lands, tenements, or hereditaments situated within this state,
heretofore executed and acknowledged or proved in any state,
territory, District of Columbia or country in conformity with the
law of such state, territory, District of Columbia or country, shall
be as valid as if executed within this state in conformity with the
provisions of the laws of this state. Provided this act shall not
validate any acknowledgemts fraudulently obtained.
Added by Laws 1929, c. 12, p. 11, § 1.
§16-37a. Foreign acknowledgments validated.
All deeds, mortgages, releases, oil and gas leases, powers of
attorney and other instruments of writing for the conveyance or
encumbrance of any lands, tenements, or hereditaments situated within
this state, heretofore executed and acknowledged or proved in any
state, territory, District of Columbia or foreign country in
conformity with the law of such state, territory, District of
Columbia or foreign country, shall be as valid as to execution and
acknowledgment thereof, only, as if executed and acknowledged within
this state in conformity with the provisions of the laws of this
state. Provided this act shall not validate any execution or
acknowledgment fraudulently obtained.
Laws 1941, p. 56, § 1.
§16-37b. Foreign execution and acknowledgments validated -
Exceptions.
All deeds, mortgages, releases, oil and gas leases, powers of
attorney and other instruments of writing for the conveyance or
encumbrance of any lands, tenements or hereditaments situated within
this state, now of record or hereafter recorded which are executed
and acknowledged or proved in any state, territory, District of
Columbia or foreign country, in conformity with the law of such
state, territory, District of Columbia or foreign country, or in
conformity with the Federal Statutes, shall be as valid as to
execution and acknowledgment thereof, only, as if executed and
acknowledged within this state in conformity with the provisions of
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the laws of this state. Provided this act shall not validate any
deed, mortgage, releases, oil and gas leases, powers of attorney, and
other instruments of writing for the conveyance of any lands,
tenements, or hereditaments, the validity of which is in litigation
upon the effective date of this act. Provided this act shall not
validate any execution or acknowledgment fraudulently obtained.
Laws 1949, p. 112, § 1; Laws 1963, c. 74, § 1, emerg. eff. May 21,
1963.
§16-38. Acknowledgments before deputy clerk of district court
validated.
In all cases where heretofore any deputy clerk of the district
court has taken acknowledgments of deeds, or other conveyances of
real estate, in their respective counties, the same are hereby
legalized and made binding, and such action shall have the same force
and effect as if taken before some officer heretofore empowered by
the statute to take acknowledgments.
Laws 1915, c. 270, § 1.
§16-39. Justice of the Peace - Acknowledgments validated.
In all cases where, prior to May 16th, 1913, any Justice of the
Peace has taken acknowledgments of deeds or other conveyances of real
estate affecting and relating to real estate located in a county or
counties other than the county in which such Justice of the Peace
resided, such acknowledgments are hereby legalized and made binding,
and such acknowledgments shall have the same force and effect as if
taken before some Justice of the Peace, a resident of the county in
which the land sought to be deeded or conveyed was situated.
Laws 1923, c. 153, p. 253, § 1.
§16-39a. Record of deeds, mortgages, etc., where acknowledgment
defective - Validation.
All deeds, mortgages, conveyances, or other instruments affecting
the title to real property in the state, the acknowledgment of which
was taken and certificate of acknowledgment executed by a Justice of
the Peace of the county wherein such real property is situated,
and/or where any notarial acknowledgment was taken before a notary
public of any county in this state or of any other state where the
certificate of acknowledgment is defective in form, and where any
such instrument has actually been filed and recorded or copied into
the permanent volumes of public title records in the office of the
county clerk of the county in which said property is situated for a
period of five or more years and has not been canceled of record, the
recording of any such instrument is and shall be and become a valid
public record in all respects and for all purposes as fully as if the
same had been originally acknowledged before and certificate executed
?'++2+#+'" ! &6
by an authorized officer and in the manner and form required by law
at the time of the execution thereof.
Laws 1937, p. 313, § 1.
§16-40. Form of warranty deed.
A warranty deed to real estate may be substantially in the
following form, towit:
Know all men by these Presents:
That____part__ of the first part, in consideration of the sum of
____ dollars, in hand paid, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell and convey unto ____ the
following described real property and premises, situate in ____
County, State of Oklahoma, to-wit: ____ together with all the
improvements thereon and the appurtenances thereunto belonging, and
warrant the title to the same.
To have and to hold said described premises unto the said part__
of the second part, ____ heirs and assigns forever, free, clear and
discharged of and from all former grants, charges, taxes, judgments,
mortgages and other liens and encumbrances of whatsoever nature;
Signed and delivered this ____ day of ____ 191_.
________________________.
R.L.1910, § 1184.
§16-41. Form of quitclaim deed.
A quitclaim deed to real estate may be substantially the same as
a warranty deed, with the word "quitclaim" inserted in connection
with the words "do hereby grant, bargain, sell and convey," as
follows: "Do hereby quitclaim, grant, bargain, sell and convey," and
by omitting the words, "and warrant the title to the same."
R.L.1910, § 1185. 8
§16-42. Form of sheriff's deed.
That from and after the passage of this act, a sheriff's deed
issued upon the sale of real estate sold by virtue of an execution,
judgment or decree of foreclosure of mortgage, or partition of real
estate, may be in the following form, towit:
Whereas____ did, at the ____ term of the ____ court of ____
County, State of Oklahoma, on the ____day of ____, A.D. 19__ in an
action in said court, wherein____ was plaintiff and ____ was
defendant, same being cause NO ____, recover a judgment (or decree)
against ____ for the sum of ____, and costs of suit, upon which an
execution or order of sale was issued, dated the ____ day of ____
A.D. 19__ directed to ____, to execute, by virtue of which the said
____ levied upon the premises hereinafter described, and the time and
place of sale thereof having been duly advertised according to law,
the same were struck off and sold to ____ he being the highest and
?'++2+#+'" ! &
best bidder therefor, and the later said sale was duly confirmed by
the District Court and deed ordered to issue.
Now, Therefore, Know All Men By These Presents, that I, ____
Sheriff, of the County of ____, State of Oklahoma, in consideration
of the premises, do hereby convey to the said ____, his heirs and
assigns, the following described lot or parcel of land (here describe
the premises).
To Have and To Hold The Same with all the appurtenances thereto
belonging to the said ____ his heirs and assigns, forever.
Witness my hand and seal, this ____ day of ____ 19__.
__________________________
Sheriff.
State of Oklahoma
____ County ss.
Be it remembered that on this ____ day of ____ in the year one
thousand nine hundred and ____, before me, ____, a notary public,
personally appeared ____, Sheriff of ____ County, Oklahoma, well
known to me to be the same person who is described in and who
executed the within and foregoing instrument, and acknowledged to me
that he executed the same as sheriff of____ County, Oklahoma, and as
his free and voluntary act and deed, for the uses and purposes
therein set forth.
In witness whereof, I have hereunto set my hand and official seal, at
said county, the day and year last above written.
______________________
Notary Public, State of
Oklahoma, ________.
Oklahoma.
My Commission expires _____.
Said deed may be issued in this form and no further recitals therein
are necessary.
Laws 1941, p. 56, § 1.
§16-43. Recording of instruments and judgments affecting real estate
situated in more than one county.
When any instrument or judgment, affecting the title to or
possession of real property, situated in more than one county in this
state, has been filed for record in either of such counties, a copy
thereof, certified to by the county clerk of the county in which it
has been filed for record, may be recorded in any other county in
this state wherein any portion of the real property affected by such
instrument or judgment is situated, and such records will have the
same effect as if the original instrument or judgment had been so
recorded.
Laws 1971, c. 80, § 1.
§16-51. Repealed by Laws 1994, c. 238, § 6, eff. Sept. 1, 1994.
?'++2+#+'" ! &7
§16-52. Repealed by Laws 1994, c. 238, § 6, eff. Sept. 1, 1994.
§16-53. Recorded signed documents - Rebuttable presumptions.
EVIDENTIARY EFFECT OF RECORDED DOCUMENT
A. A recorded signed document relating to title to real estate
creates a rebuttable presumption with respect to the title that:
1. The document is genuine and was executed as the voluntary act
of the person purporting to execute it;
2. The person executing the document and the person on whose
behalf it is executed are the persons they are purported to be and
the person executing it was neither incompetent nor a minor at any
relevant time;
3. Delivery occurred notwithstanding a lapse of time between
dates on the document and the date of recording;
4. Any necessary consideration was given;
5. The grantee, transferee, or beneficiary of an interest
created or claimed by the document acted in good faith at all
relevant times up to and including the time of the recording;
6. A person purporting to act as an attorney-in-fact pursuant to
a recorded power of attorney held the position he purported to hold
and acted within the scope of his authority. It shall also be
presumed that the principal was alive and was neither incompetent nor
a minor at any relevant time;
7. A person purporting to act as:
a. one of the officers listed in Section 93 of Title 16 of
the Oklahoma Statutes on behalf of a corporation,
b. a partner of a general partnership,
c. a general partner of a limited partnership,
d. a manager of a limited liability company,
e. a trustee of a trust,
f. any officer or member of the board of trustees of a
religious corporation,
g. a court-appointed trustee, receiver, personal
representative, guardian, conservator, or other
fiduciary, or
h. an officer or member of any other entity,
held the position he purported to hold, acted within the scope of his
authority (unless limitations of authority were previously filed of
record and indexed against the property in question), and the
authorization satisfied all requirements of law;
8. All entities that are parties to the document are in good
standing in their jurisdiction of organization;
9. If the document purports to be executed pursuant to or to be
a final determination in a judicial or administrative proceeding, or
to be executed pursuant to a power of eminent domain, the court,
official body, or condemnor was acting within its jurisdiction and
?'++2+#+'" ! &:
all steps required for the execution of the title document were
taken;
10. Recitals and other statements of fact in a conveyance are
true if the matter stated was relevant to the purpose of the
document;
11. Persons named in, signing, or acknowledging the document and
persons named in, signing, or acknowledging another related document
in a chain of title are identical, if the persons appear in those
conveyances under identical names, or under variants thereof,
including inclusion, exclusion, or use of:
a. commonly recognized abbreviations, contractions,
initials, or colloquial or other equivalents,
b. first or middle names or initials,
c. simple transpositions that produce substantially
similar pronunciations,
d. articles or prepositions in names or titles,
e. descriptions of entities as corporations, companies or
abbreviations or contractions of either, or
f. name suffixes, such as Senior or Junior, unless other
information appears of record indicating that they are
different persons; and
12. All other requirements for its execution, delivery, and
validity have been satisfied.
B. The presumptions stated in subsection A of this section arise
even if the document purports only to release a claim or convey any
right, title, or interest of the person executing it or the person on
whose behalf it is executed.
C. If presumptions created by subsection A of this section are
inconsistent, the presumption applies that is founded upon weightier
considerations of policy. If considerations of policy are of equal
weight, neither presumption applies.
Added by Laws 1994, c. 238, § 2, eff. Sept. 1, 1994.
§16-61. Definitions.
For the purposes of this act: (a) An interest in real estate
shall include, but not be limited to mortgage liens, interests of
purchasers under contract of sale, leases, easements, oil and gas
leases, and mineral and royalty interests. (b) A purchaser for value
shall include one who has actual or constructive notice of the
invalidity of the conveyance, decree or judgment under which his
grantor claims immediately or remotely.
Laws 1961, p. 192, § 1.
§16-62. Purchasers for value of real estate - Reliance upon status
of title as reflected by county records and by decrees and judgements
of courts.
?'++2+#+'" ! &<
(a) Any purchaser for value acquiring an interest in real estate
from one who claims such interest, immediately or remotely, under a
conveyance of record for ten (10) or more years in the records of the
county wherein the land is located prior to such purchase shall
acquire a valid and marketable title to such interest as against any
person claiming adversely to such recorded conveyance for any of the
following reasons: (1) that such conveyance was executed by an
incompetent person, unless the county court records in the county
wherein the land is located, or the county records therein, reflect
the appointment of a guardian prior to said deed, or a judicial
determination of the incompetency of the grantor, in which event
Sections 61 through 66 of this title shall not apply, (2) that such
conveyance was executed by a corporation to an officer thereof, which
fact may or may not appear on the face of the deed, without proper
authority therefor being had by the officers executing said
conveyance, (3) that such conveyance was executed by an attorney in
fact under a recorded power of attorney which power had terminated by
reason of matters not affirmatively shown in the county records, or
(4) that such conveyance was never delivered; Provided, however, this
section shall not apply as against such person claiming adversely to
any such conveyance for any of the foregoing reasons if prior to such
purchase, or within one (1) year from October 27, 1961, the effective
date of Sections 61 through 66 of this title, or from the effective
date of Section 62, as amended, of this title, whichever later
occurs, such person shall have filed of record in the county wherein
the land is located a notice setting forth his claim and the basis
thereof; and provided, further, that this section shall not apply as
against any person in possession of the land either by occupancy or
by occupancy of a tenant at the time such purchaser acquires his
interest.
(b) Any purchaser for value acquiring an interest in real estate
from one who claims such interest, immediately or remotely, by or
through a conveyance from one purporting therein to be a guardian,
executor, or administrator, which conveyance has been of record for
ten (10) or more years in the county wherein said land is located
prior to such purchase, and which conveyance either has the approval
of the court endorsed upon it, or has been confirmed by an order of
the court, shall acquire a valid and marketable title to such
interest to the full extent that such conveyance purports to convey
the same as against any of the following persons: (1) any ward or
wards named in said conveyance, his or their heirs, devisees,
representatives, successors, or assigns, (2) the State of Oklahoma or
any other person claiming under the estate of any decedent named in
said conveyance, the heirs, devisees, or representatives of such
decedent, their successors, or assigns, or any creditors of said
decedent; Provided, however, that this section shall not apply to any
person mentioned in (1) or (2) above who for any reason claims
?'++2+#+'" ! &)5
adversely to such conveyance, or contends that such conveyance did
not divest him of his interest as purported by such conveyance if
prior to such purchase, or within one (1) year from October 27, 1961,
the effective date of Sections 61 through 66 of this title, or from
the effective date of Section 62, as amended, of this title,
whichever is the later, such person shall file of record in the
county wherein the land is located a notice setting forth his claim
and the basis thereof; Provided, further, this section shall not
apply as against any person in possession of the land, by occupancy
or by occupancy of a tenant, at the time such purchaser acquires his
interest.
(c) Any purchaser for value acquiring an interest in real estate
from one who claims such interest, immediately or remotely, by or
through (1) any decree of distribution or of partition in a
decedent's estate entered by and of record in a court of the county
wherein the land is located for a period of ten (10) years prior to
such purchase, or (2) any such decree entered by a court for any
county in this state which decree has been of record in the county
wherein the decree was entered or in the deed records of any county
or counties in which any part of the land or lands is located for a
period of ten (10) years prior to such purchase, shall acquire a
valid and marketable title to such interest as against any claim or
interest of the estate of said decedent or any heir or devisee, his
successors or assigns, of said decedent or any creditors of said
decedent; Provided, however, this section shall not apply if prior to
such purchase, or within one (1) year from October 27, 1961, the
effective date of Sections 61 through 66 of this title, or from the
effective date of Section 62, as amended, of this title, whichever
later occurs, such heirs, devisee, or representative of such estate
files of record in the county wherein the land is located a notice
setting forth the nature of his claim; Provided, further, this
section shall not apply as against any person claiming adversely to
such decree who is in possession of the land by occupancy or by
occupancy of a tenant, at the time said purchaser acquires his
interest.
(d) Any purchaser for value acquiring an interest in real estate
from one who claims such interest, immediately or remotely, by or
through any of the following muniments: (1) a sheriff's or marshal's
deed executed pursuant to an order of a court having jurisdiction
over the land affected confirming a judicial sale or directing the
issuance of such deed, (2) any final judgment of a court having
jurisdiction over the land affected determining and adjudicating the
ownership of such land or any interest therein or partitioning same,
(3) any conveyance by a receiver executed pursuant to an order of any
court having jurisdiction and directing issuance thereof or directing
a sale of such land or any interest therein, (4) any conveyance
executed by a trustee or purported trustee referring to a trust
?'++2+#+'" ! &)
agreement or referring to named beneficiaries or otherwise indicating
the existence of an express trust where the trust agreement has not
been recorded in the county where the land is situated, (5) a
purported certificate tax deed or resale tax deed executed by the
county treasurer of the county wherein the land is located; which
muniment, if a conveyance has been of record in the county wherein
the land is situated for a period of ten (10) years prior to such
purchase, or, if a judgment has been entered for a period of ten (10)
years prior to such purchase and, where such judgment is entered by a
court outside the county where the land affected is located, has been
recorded in the records of the court clerk or county clerk of the
county in which such land is located, shall acquire a valid and
marketable title to such interest as against the claims of the
following: (A) any person or the heirs, devisees, personal
representatives, successors or assigns of such person who was named
as a defendant in the judgment preceding the sheriff's or marshal's
deed referred to in subparagraph (1) above and whose rights or claims
were not preserved by the terms of such judgment and who claims an
interest by reason of any defect, jurisdictional or otherwise, in the
proceedings resulting in such judgment, (B) any person or the heirs,
devisees, personal representatives, successors or assigns of such
person who was named as a defendant in the judgment referred to under
subparagraph (2) above and whose rights or claims were not preserved
by the terms of such judgment and who claims an interest by reason of
any defect, jurisdictional or otherwise, in the proceedings resulting
in such judgment, (C) any person or the heirs, devisees, personal
representatives, successors or assigns of such person who was named
as a defendant or owner or party in interest in the proceedings
referred to in subparagraph (3) above, (D) any person or the heirs,
devisees, personal representatives, successors or assigns of such
person who claims as a settlor, trustee or beneficiary or by, through
or under such settlor, trustee or beneficiary of the trust referred
to in subparagraph (4) above, (E) any and all owners or claimants of
such land or interest therein whose ownership or claim originated
prior to such deeds as are referred to in subparagraph (5) above and
the heirs, devisees, personal representatives, successors or assigns
of such owners or claimants; Provided, however, this section shall
not apply as against any such person claiming adversely to such
muniments set forth hereinabove if prior to such purchase, or within
one (1) year from October 27, 1961, the effective date of Sections 61
through 66 of this title, or from the effective date of Section 62,
as amended, of this title, whichever later occurs, such person shall
have filed of record in the records of the county wherein the land is
located a notice setting forth his claim and the basis thereof;
Provided, further, that this section shall not apply against any
person claiming adversely to such muniment who is in possession of
the land by occupancy or by occupancy of a tenant at the time said
?'++2+#+'" ! &))
purchaser for value acquires his interest. The State of Oklahoma
and its political subdivisions or a public service corporation or
transmission company which has facilities of service installed on,
over, across or under any part of the land shall, to that extent, be
deemed to be in possession thereof for purposes of the foregoing
provision.
Laws 1961, p. 192, § 2; Laws 1973, c. 184, § 1, operative Oct. 1,
1973.
§16-63. Notice of claim.
(a) The notice of claim required to be filed in Section 2 hereof
shall contain an accurate and full description of all land affected
by such notice, which description shall be set forth in particular
terms and not by general inclusions; but, if said claim is founded
upon a recorded instrument, then the description in such notice may
be the same as that contained in such recorded instrument. The notice
shall set forth clearly the basis for and the extent or nature of the
claimant's alledged interest, and be signed, acknowledged and filed
for record in the county clerk's office of the county or counties
where the land described therein is situated. The county clerk of
each county shall accept all such notices presented to him which
describe land located in the county in which he serves, and shall
enter, record, and index the same in the same way that deeds are
recorded, and each county clerk shall be entitled to charge the same
fees for the recording thereof as are charged for recording deeds.
In indexing such notices in his office, each county clerk shall enter
such notices in the index of deeds and in the numerical index of
deeds. The names of the claimants appearing in such notices are to
be entered as grantees in such indexes. (b) Recording of such notice
after a purchase for value has been effected shall not impair the
rights of the purchaser for value or the rights of the heirs,
successors and assigns of such purchaser. (c) If any person required
under this act to file a notice to protect his rights as against a
purchaser for value is a minor or incompetent or unborn contingent
remainderman, such notice may be filed by his guardian, person having
custody of him, his next friend or any person interested in his
estate or any person who represents him as attorney, agent, or in
another capacity. Minority, incompetency or other disability shall
not suspend the operation of this act.
Laws 1961, p. 193, § 3.
§16-66. Purpose.
The Legislature deems that the needs of the society of this state
require that persons claiming interests in real estate contrary to
the apparent title as shown by the county records and decrees and
judgments of the county courts and courts of general jurisdiction
come forward and make public their claims and the basis thereof by
?'++2+#+'" ! &),
filing of record a notice of such claim. This act shall be liberally
construed to effect the legislative purpose of simplifying real
estate transactions by permitting purchasers to rely upon the status
of title as reflected by the county records and by the decrees and
judgments of the aforementioned courts.
Laws 1961, p. 194, § 7.
§16-67. Claim and purchase of severed mineral interest through
recorded affidavit of death and heirship.
A. After the date of death of a person who was an owner of a
severed mineral interest in real estate, a person who claims such
interest, immediately or remotely, through an affidavit of death and
heirship recorded pursuant to Sections 82 and 83 of this title, shall
acquire a valid and marketable title to such interest as against any
person claiming adversely to such recorded affidavit on the
conditions set forth in subsection C of this section.
B. Any purchaser for value acquiring a severed mineral interest
in real estate from a person who claims such interest, immediately or
remotely, through a recorded affidavit of death and heirship or a
recital of death and heirship in a recorded title transaction, as
that term is defined in Section 78 of Title 16 of the Oklahoma
Statutes, shall acquire a valid and marketable title to such interest
as against any person claiming adversely to such recorded affidavit
or recital on the conditions set forth in subsection C of this
section.
C. In order to establish marketable title pursuant to this
section:
1. The affidavit or recital must state that the decedent died
without a will, or if the decedent had a will, that the will was
never probated in Oklahoma and a copy of the will is attached to the
affidavit or recital, or if the will was probated that the severed
mineral interest was omitted from the final decree of the decedent
and a copy of the will and final decree is attached to the affidavit
or recital;
2. The affidavit or recital must list the names of the
decedent’s heirs and their relationship to the decedent;
3. The affidavit or recital must state that the maker is related
to the decedent or otherwise has personal knowledge of the facts
stated therein;
4. The affidavit or the title transaction that contains the
recital must have been recorded for at least ten (10) years in the
office of the county clerk in the county in which the real property
is located; and
5. During the ten-year period following the recording of the
affidavit or the title transaction that contains the recital, no
instrument inconsistent with the heirship alleged in the affidavit or
?'++2+#+'" ! &)/
recital was filed in the office of the county clerk in the county in
which the real property is located.
This section shall apply to affidavits recorded before November
1, 1999, as well as to those recorded thereafter, except that, with
respect to those recorded before such date, the ten-year period
specified above shall not expire until one (1) year after November 1,
1999. This section shall not apply as against any person in
possession of the land, by occupancy or by occupancy of a tenant, at
the time such purchaser acquires an interest in such land.
Added by Laws 1999, c. 84, § 2, eff. Nov. 1, 1999. Amended by Laws
2010, c. 223, § 1, emerg. eff. May 10, 2010.
§16-68. Abolition of doctrine of constructive possession.
The doctrine of constructive possession is abolished only insofar
as it applies to the Simplification of Land Titles Act, Section 61 et
seq. of Title 16 of the Oklahoma Statutes. Any claims based upon
constructive possession before the effective date of this act shall
be extinguished unless a notice of the claim is filed with the county
clerk of the county where the land or interest is located within one
(1) year from the effective date of this act. The notice of the
claim shall set forth basis thereof and specifically refer to this
section.
Added by Laws 1999, c. 84, § 3, eff. Nov. 1, 1999.
§16-71. Marketable record title defined.
Any person having the legal capacity to own land in this state,
who has an unbroken chain of title of record to any interest in land
for thirty (30) years or more, shall be deemed to have a marketable
record title to such interest as defined in Section 78 of this title,
subject only to the matters stated in Section 72 of this title. A
person shall be deemed to have such an unbroken chain of title when
the official public records disclose a conveyance or other title
transaction, of record not less than thirty (30) years at the time
the marketability is to be determined, which said conveyance or other
title transaction purports to create such interest, either in
(a) the person claiming such interest, or
(b) some other person from whom, by one or more conveyances or
other title transactions of record, such purported interest has
become vested in the person claiming such interest; with nothing
appearing of record, in either case, purporting to divest such
claimant of such purported interest.
Laws 1963, c. 31, § 1; Laws 1970, c. 92, § 1, eff. July 1, 1972.
§16-72. Title subject to certain interests and defects.
Such marketable record title shall be subject to:
(a) All interests and defects which are inherent in the
muniments of which such chain of record title is formed; provided,
?'++2+#+'" ! &)6
however, that a general reference in such muniments, or any of them,
to interests created prior to the root of title shall not be
sufficient to preserve them, unless specific identification be made
therein of a recorded title transaction which creates such interest.
(b) All interests preserved by the filing of proper notice or by
possession by the same owner continuously for a period of thirty (30)
years or more, in accordance with Section 74 of this title.
(c) The rights of any person arising from a period of adverse
possession or user, which was in whole or in part subsequent to the
effective date of the root of title.
(d) Any interest relating to a title transaction which has been
recorded subsequent to the effective date of the root of title from
which the unbroken chain of title of record is started; provided,
however, that such recording shall not revive or give validity to any
interest which has been extinguished prior to the time of the
recording by the operation of Section 73 of this title.
(e) The exceptions stated in Section 76 of this title as to
rights of reversioners in leases, as to severed mineral or royalty
interests, as to easements and interests in the nature of easements,
and rights granted, reserved or excepted by instruments creating such
easements or interests, or restrictions or agreements which are part
of a subdivision development plan, and as to interests of the United
States.
Added by Laws 1963, c. 31, § 2. Amended by Laws 1970, c. 92, § 2,
eff. July 1, 1972.
§16-73. Claims prior to date of root title as null and void.
Subject to matters stated in Section 2 hereof, such marketable
record title shall be held by its owner and shall be taken by any
person dealing with the land free and clear of all interests, claims
or charges whatsoever, the existence of which depends upon any act,
transaction, event or omission that occurred prior to the effective
date of the root of title. All such interests, claims or charges,
however denominated, whether legal or equitable, present or future,
whether such interests, claims or charges are asserted by a person
sui juris or under a disability, whether such person is within or
without the state, whether such person is natural or corporate, or is
private or governmental, are hereby declared to be null and void.
Added by Laws 1963, c. 31, § 3.
§16-74. Filing of notice of claim - Disability or lack of knowledge
- Thirty-year possession as deemed equivalent to filing notice.
(a) Any person claiming an interest in land may preserve and
keep effective such interest by filing for record during the thirty-
year period immediately following the effective date of the root of
title of the person whose record title would otherwise be marketable,
a notice in writing, duly verified by oath, setting forth the nature
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of the claim. No disability or lack of knowledge of any kind on the
part of anyone shall suspend the running of said thirty-year period.
Such notice may be filed for record by the claimant or by any other
person acting on behalf of any claimant who is
(1) under a disability,
(2) unable to assert a claim on his own behalf, or
(3) one of a class, but whose identity cannot be established or
is uncertain at the time of filing such notice of claim for record.
(b) If the same record owner of any possessory interest in land
has been in possession of such land continuously for a period of
thirty (30) years or more, during which period no title transaction
with respect to such interest appears of record in his chain of
title, and no notice has been filed by him or on his behalf as
provided in subsection (a), and such possession continues to the time
when marketability is being determined, such period of possession
shall be deemed equivalent to the filing of the notice immediately
preceding the termination of the thirty-year period described in
subsection (a).
Added by Laws 1963, c. 31, § 4. Amended by Laws 1970, c. 92, § 3,
eff. July 1, 1972.
§16-75. Contents and recording of notice - Sham legal process.
A. To be effective and to be entitled to be recorded, the notice
of claim of interest in land, referred to in Section 74 of this
title, shall contain an accurate and full description of all land
affected by such notice which description shall be set forth in
particular terms and not by general inclusions; but if said claim is
founded upon a recorded instrument, then the description in such
notice may be the same as that contained in such recorded instrument.
Such notice shall be filed for record in the county clerk's office of
the county or counties where the land described therein is situated.
Except as provided in subsection B of this section, the county clerk
of each county shall accept all such notices presented to him which
describe land located in the county in which he serves and shall
enter, record and index the same in the same way that deeds are
recorded and each county clerk shall be entitled to charge the same
fees for the recording thereof as are charged for recording deeds.
In indexing such notices in his office, each county clerk shall enter
such notices in the index of deeds and in the numerical index. The
names of the claimants appearing in such notices are to be entered as
grantees in such indexes.
B. The county clerk may refuse to file any notice of interest in
land provided for in subsection A of this section, if the clerk
believes that the instrument constitutes sham legal process, as
defined by Section 1533 of Title 21 of the Oklahoma Statutes, or if
the clerk believes the notice is being presented for the purpose of
slandering the title to land.
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C. 1. Any person aggrieved by the refusal of a county clerk to
file any notice provided for in subsection A of this section may
petition the district court for a writ of mandamus to compel the
county clerk to record the notice.
2. At the time of refusal, the person aggrieved shall file a
notice of refusal with the county clerk for the purpose of preserving
priority of filing in the event the person prevails in any action so
commenced, if the person wishes to preserve priority of filing. The
refusal notice shall be submitted on a form provided by the county
clerk, but must be filled out by the aggrieved party. A copy of the
instrument that the clerk refused to file must be attached to the
notice of refusal. The county clerk shall stamp the date of refusal
on the notice of refusal.
3. The refusal notice shall be in the following form:
STATE OF OKLAHOMA
__________ COUNTY
NOTICE OF REFUSAL
The Office of County Clerk of __________ County, Oklahoma, has on
__________ (date) refused to file a document designated ___________
(title of document or brief description of document). The document
constitutes a claim or lien on the following property: ______________
_______________________________________________ (Description of
property. In case of real property, description must be the legal
description for the property.) A copy of the refused document must
be attached to this notice of refusal or the clerk cannot accept it
for filing.
Signed:_____________ Signed: ________________________
County Clerk Aggrieved party or attorney
for aggrieved party
_______County, Oklahoma
Address:__________________
__________________________
4. The action for mandamus must be filed with the district court
within twenty (20) days after the notice of refusal is filed with the
county clerk. If the writ of mandamus is granted, the court clerk
shall refund the fee for filing the action. Notice of the pendency
of a mandamus action filed pursuant to this section shall be filed in
accordance with Section 2004.2 of Title 12 of the Oklahoma Statutes.
A file-stamped copy of the notice of the pendency of the action,
identifying the case and the court in which the action is pending and
the legal description of the land affected by the action shall be
filed with the county clerk. If the court determines that the notice
provided for in subsection A of this section is not sham legal
process or is not for the purpose of slandering title, the court
shall order the county clerk to record the notice. The court order
shall include a notation of the book and page number of the index in
which the notice of refusal is located and a statement that
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abstractors shall not show the pages on which the attachment to the
notice of refusal is located in any abstract. For any notice which
the court orders to be filed pursuant to this subsection, the date of
filing shall be retroactive to the date the notice of refusal was
filed.
5. If the court determines that the notice of claim of interest
in land is sham legal process, the court shall issue an order that
abstractors shall not show the pages on which the attachment to the
notice of refusal is located in any abstract.
D. If a county clerk files a notice of interest in land that is
sham legal process or refuses to file a notice of interest in land
because the clerk believes the notice to be sham legal process, the
clerk shall be immune from liability for such action in any civil
suit.
E. A clerk shall post a sign, in letters at least one (1) inch
in height, that is clearly visible to the general public in or near
the clerk's office stating that it is a felony to intentionally or
knowingly file or attempt to file sham legal process with the clerk.
Failure of the clerk to post such a sign shall not create a defense
to any criminal or civil action based on sham legal process.
Added by Laws 1963, c. 31, § 5. Amended by Laws 1997, c. 405, § 6,
emerg. eff. June 13, 1997.
§16-76. Exceptions to application of act - Stray instruments - Root
of title - Severed mineral interests.
A. Sections 71 through 80 of this title shall not be applied to
bar any lessor or his successor as a reversioner of his right to
possession on the expiration of any lease; or to bar or extinguish
any mineral or royalty interest which has been severed from the fee
simple title of the land; or to bar or extinguish any easement or
interest in the nature of an easement, or any rights granted,
reserved or excepted by any instrument creating such easement or
interest; or use restrictions or area agreements which are part of a
plan for subdivision development or to bar any right, title or
interest of the United States by reason of failure to file the notice
herein required.
B. As used in this section, "stray instrument" means an
instrument executed by a person or entity, or a decree of
distribution entered in the estate of a decedent, who or which does
not otherwise appear in the chain of record title to a tract of real
property. A stray instrument shall not create a root of title
pursuant to Sections 71 through 80 of this title if the following
conditions exist:
1. There is apparent from the record an otherwise valid,
uninterrupted chain of record title traceable to an instrument which
is a root of title as defined by Sections 71 through 80 of this
title; and
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2. A current owner of the property under the chain of title
referred to in paragraph 1 of this subsection records an affidavit
that alleges that the current owner or owners are in possession of
the property and that the parties claiming under the stray instrument
own no interest in the property. If there are multiple owners, any
one or more of the owners may execute the affidavit on behalf of all
owners.
C. An instrument executed by a person or entity, or a decree of
distribution entered in the estate of a decedent who or which does
not otherwise appear in the chain of record title to a tract of real
property, except as an owner of a severed mineral interest therein,
shall not create a root of title pursuant to Sections 71 through 80
of this title.
D. As used in this section "severed mineral interest" includes
mineral leasehold interests or working interests, mineral royalty
interests and overriding royalty interests, and ownership of minerals
without any ownership interest in the surface estate other than the
rights of ingress and egress and for use of the surface for mineral
development and exploration.
E. This section shall not apply to the interest of any person or
entity who or which claims a valid interest under any such stray
instrument as defined herein and who shall, no later than November 1,
1996, file with the county clerk of the county where the land or
interest is located, a notice of such claim, setting forth the basis
thereof, and specifically referring to this section.
Added by Laws 1963, c. 31, § 6. Amended by Laws 1995, c. 232, § 4,
eff. Nov. 1, 1995.
§16-77. Operation of statutes of limitations or recording statutes
unaffected.
Nothing contained in this act shall be construed to extend the
period for the bringing of an action or for the doing of any other
required act under any statutes of limitations, nor, except as herein
specifically provided, to affect the operation of any statutes
governing the effect of the recording or the failure to record any
instrument affecting land.
Laws 1963, c. 31, § 7.
§16-78. Definitions.
(a) "Marketable record title" means a title of record as
indicated in Section 71 of this title, which operates to extinguish
such interests and claims, existing prior to the effective date of
the root of title, as are stated in Section 73 of this title.
(b) "Records" includes probate and other official public records,
as well as records in the county clerk's office.
(c) "Recording," when applied to the official public records of
any office or court, includes filing.
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(d) "Person dealing with land" includes a purchaser of any estate
or interest therein, a mortgagee, a levying or attaching creditor, a
land contract vendee, or any other person seeking to acquire an
estate or interest therein, or impose a lien thereon.
(e) "Root of title" means that conveyance or other title
transaction in the chain of title of a person, purporting to create
the interest claimed by such person, upon which he relies as a basis
for the marketability of his title, and which was the most recent to
be recorded as of a date thirty (30) years prior to the time when
marketability is being determined. The effective date of the "root
of title" is the date on which it is recorded.
(f) "Title transaction" means any transaction affecting title to
any interest in land, including title by will or descent, title by
tax deed, mineral deed, lease or reservation, or by trustee's,
referee's, guardian's, executor's, administrator's, master in
chancery's, sheriff's or marshal's deed, or decree of any court, as
well as warranty deed, quitclaim deed, or mortgage.
Laws 1963, c. 31, § 8; Laws 1970, c. 92, § 4, eff. July 1, 1972.
§16-79. Penalties for filing slanderous notices of claims - Quiet
title action independent of criminal action.
A. No person shall use the privilege of filing notices hereunder
for the purpose of slandering the title to land and, in any action
brought for the purpose of quieting title to land, if the court shall
find that any person has filed a claim for that reason, he shall
award the plaintiff all the costs of such action, including such
attorney fees as the court may allow to the plaintiff, and, in
addition, shall decree that the defendant asserting such claim shall
pay to plaintiff three times the damages that plaintiff may have
sustained as the result of such notice of claim having been so filed
for record.
B. A quiet title action shall be independent of any criminal
action that may be filed against the defendant, and there shall be no
requirement that the defendant in a quiet title action be convicted
of any criminal act.
Added by Laws 1963, c. 31, § 9. Amended by Laws 1997, c. 405, § 7,
emerg. eff. June 13, 1997.
§16-80. Construction.
This act shall be liberally construed to effect the legislative
purpose of simplifying and facilitating land title transactions by
allowing persons to rely on a record chain of title as described in
Section 1 of this act, subject only to such limitations as appear in
Section 2 of this act.
Laws 1963, c. 31, § 10.
§16-82. Recording of affidavit - Rebuttable presumption.
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An affidavit covering matters named in Section 83 of this title
may be recorded in the office of the county clerk in the county in
which the real property is situated. There shall be a rebuttable
presumption that facts stated in a recorded affidavit are true as
they relate to real estate, its use, or its ownership.
Added by Laws 1985, c. 233, § 1, eff. Nov. 1, 1985. Amended by Laws
1994, c. 238, § 3, eff. Sept. 1, 1994.
§16-83. Matters to which affidavit may relate.
The affidavit may relate to the following matters: Age, sex,
birth, death, relationship, family history, heirship, names, and
identity of parties, whether individual, corporate, partnership or
trust; identity of officers of corporations; membership of
partnerships, joint ventures and other unincorporated associations;
identity of trustees of trusts, and their respective terms of
services; history of the organization of corporations, partnerships,
joint ventures and trusts; marital status; possession; residence;
service in the Armed Forces; and conflicts and ambiguities in
descriptions of land in recorded instruments.
Added by Laws 1985, c. 233, § 2, eff. Nov. 1, 1985.
§16-84. Description of land - Recording fee - Indexing.
Every affidavit prescribed in Section 2 of this act shall include
a description of the land for which the title may be affected by
matters covered in the affidavit. The county clerk shall record the
affidavit for such fees as provided by law and indicate the land
affected on the numerical tract index in the county clerk's office.
Added by Laws 1985, c. 233, § 3, eff. Nov. 1, 1985.
§16-85. False statements - Penalties.
Any person who knowingly makes or causes to be made a false
statement in an affidavit shall be guilty of perjury and be liable
for actual damages suffered or incurred by any person or other entity
as a result or consequence of the making of or reliance upon such
false affidavit. The court may award punitive damages, costs and
attorney fees.
Added by Laws 1985, c. 233, § 4, eff. Nov. 1, 1985.
§16-86.1. Short title.
SHORT TITLE. Sections 1 through 7 of this act shall be known and
may be cited as the “Uniform Real Property Electronic Recording Act”.
Added by Laws 2008, c. 295, § 1, eff. Nov. 1, 2008.
§16-86.2. Definitions.
DEFINITIONS. In the Uniform Real Property Electronic Recording
Act:
(1) “Document” means information that is:
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(A) inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in
perceivable form; and
(B) eligible to be recorded in the land records maintained
by the county clerk.
(2) “Electronic” means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities.
(3) “Electronic document” means a document that is received by
the county clerk in an electronic form.
(4) “Electronic signature” means an electronic sound, symbol, or
process attached to or logically associated with a document and
executed or adopted by a person with the intent to sign the document.
“Electronic signature” includes a digital image or electronic copy of
an original signature affixed to an original or certified copy of an
original paper document or instrument, provided that the person
submitting the digital image or electronic copy of the document or
instrument complies with all other requirements, rules or regulations
concerning electronic recordings under the Uniform Real Property
Electronic Recording Act.
(5) “Person” means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government, or governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity.
(6) “State” means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
Added by Laws 2008, c. 295, § 2, eff. Nov. 1, 2008. Amended by Laws
2012, c. 37, § 1, eff. Nov. 1, 2012.
§16-86.3. Validity of electronic documents.
VALIDITY OF ELECTRONIC DOCUMENTS.
(a) If a law requires, as a condition for recording, that a
document be an original, be on paper or another tangible medium, or
be in writing, the requirement is satisfied by an electronic document
satisfying the Uniform Real Property Electronic Recording Act.
(b) If a law requires, as a condition for recording, that a
document be signed, the requirement is satisfied by an electronic
signature.
(c) A requirement that a document or a signature associated with
a document be notarized, acknowledged, verified, witnessed, or made
under oath is satisfied if the electronic signature of the person
authorized to perform that act, and all other information required to
be included, is attached to or logically associated with the document
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or signature. A physical or electronic image of a stamp, impression,
or seal need not accompany an electronic signature.
Added by Laws 2008, c. 295, § 3, eff. Nov. 1, 2008.
§16-86.4. Recording of documents.
RECORDING OF DOCUMENTS.
(a) In this section, “paper document” means a document that is
received by the county clerk in a form that is not electronic.
(b) A county clerk:
(1) Who implements any of the functions listed in this section
shall do so in compliance with standards established by the Archives
and Records Commission;
(2) May receive, index, store, archive, and transmit electronic
documents;
(3) May provide for access to, and for search and retrieval of,
documents and information by electronic means;
(4) Who accepts electronic documents for recording shall
continue to accept paper documents as authorized by state law and
shall place entries for both types of documents in the same index;
(5) May convert paper documents accepted for recording into
electronic form;
(6) May convert into electronic form information recorded before
the county clerk began to record electronic documents;
(7) May accept electronically any fee that the county clerk is
authorized to collect; and
(8) May agree with other officials of a state or a political
subdivision thereof, or of the United States, on procedures or
processes to facilitate the electronic satisfaction of prior
approvals and conditions precedent to recording and the electronic
payment of fees.
Added by Laws 2008, c. 295, § 4, eff. Nov. 1, 2008.
§16-86.5. Administration and standards.
ADMINISTRATION AND STANDARDS.
(a) The Archives and Records Commission shall adopt standards to
implement the Uniform Real Property Electronic Recording Act.
(b) To keep the standards and practices of county clerks in this
state in harmony with the standards and practices of recording
offices in other jurisdictions that enact substantially the Uniform
Real Property Electronic Recording Act and to keep the technology
used by county clerks in this state compatible with technology used
by recording offices in other jurisdictions that enact substantially
the Uniform Real Property Electronic Recording Act, the Archives and
Records Commission, so far as is consistent with the purposes,
policies, and provisions of the Uniform Real Property Electronic
Recording Act, in adopting, amending, and repealing standards shall
consider:
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(1) Standards and practices of other jurisdictions;
(2) The most recent standards promulgated by national standard-
setting bodies, such as the Property Records Industry Association;
(3) The views of interested persons and governmental officials
and entities;
(4) The needs of counties of varying size, population, and
resources; and
(5) Standards requiring adequate information security protection
to ensure that electronic documents are accurate, authentic,
adequately preserved, and resistant to tampering.
Added by Laws 2008, c. 295, § 5, eff. Nov. 1, 2008.
§16-86.6. Uniformity of application and construction.
UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and
construing the Uniform Real Property Electronic Recording Act,
consideration must be given to the need to promote uniformity of the
law with respect to its subject matter among states that enact it.
Added by Laws 2008, c. 295, § 6, eff. Nov. 1, 2008.
§16-86.7. Relation to Electronic Signatures in Global and National
Commerce Act.
RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE
ACT. The Uniform Real Property Electronic Recording Act modifies,
limits, and supersedes the federal Electronic Signatures in Global
and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does
not modify, limit, or supersede Section 101(c) of that act (15 U.S.C.
Section 7001(c)) or authorize electronic delivery of any of the
notices described in Section 103(b) of that act (15 U.S.C. Section
7003(b)).
Added by Laws 2008, c. 295, § 7, eff. Nov. 1, 2008.
§16-87. Recordation of electronic documents in tangible form.
RECORDATION OF ELECTRONIC DOCUMENTS IN TANGIBLE FORM. A. As
used in this section:
1. "Document" means information that is:
a. inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in
perceivable form, and
b. eligible to be recorded in the office of the county
clerk;
2. "Electronic" means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic or similar
capabilities;
3. "Electronic document" means a document created, generated,
sent, communicated, received or stored by electronic means; and
4. "Electronic signature" means an electronic sound, symbol or
process attached to or logically associated with an electronic
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document and executed or adopted by a person with the intent to sign
the electronic document.
B. A paper or tangible copy of an electronic document that a
notary public has certified to be a true and correct copy under
subsection C of this section satisfies any requirement of law that,
as a condition for recording, the document:
1. Be an original or be in writing;
2. Be signed or contain an original signature, if the document
contains an electronic signature of the person required to sign the
document; and
3. Be notarized, acknowledged, verified, witnessed or made under
oath, if the document contains an electronic signature of the person
authorized to perform that act, and all other information required to
be included.
C. A notary public commissioned under Section 1 of Title 49 of
the Oklahoma Statutes may certify that a paper or tangible copy of an
electronic document is a true and correct copy of the electronic
document if the notary public has:
1. Reasonably confirmed that the electronic document is in a
tamper-evident format;
2. Detected no changes or errors in any electronic signature or
other information in the electronic document;
3. Personally printed or supervised the printing of the
electronic document onto paper or other tangible medium; and
4. Not made any changes or modifications to the electronic
document or to the paper or tangible copy thereof other than the
certification described in this subsection.
D. A county clerk shall record a paper or tangible copy of a
document that is otherwise entitled to be recorded under the laws of
this state, provided that the paper or tangible copy has been
certified by a notary public to be a true and correct copy of an
electronic document under subsection C of this section as evidenced
by a certificate. The certificate shall be completed in the manner
required in subsection A of Section 118 of Title 49 of the Oklahoma
Statutes.
E. The following form of certificate is sufficient for the
purposes of this section if completed in the manner required by
subsection D of this section:
State of
County of
I certify that the preceding or attached document (entitled
(document title)), (dated (document date)), containing (number) pages
is a true and correct copy of an electronic document printed by me or
under my supervision, and that, at the time of printing, no security
features present on the electronic document indicated any changes or
errors in an electronic signature or other information in the
electronic document since its creation or execution.
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Dated
(Signature of notary public)
(Notary seal)
Notary Public
(My commission expires: )
F. If a certificate is completed in the manner required by
subsection D of this section and is attached to or made a part of a
paper or tangible document, the certificate is prima facie evidence
that the requirements of subsection C of this section have been
satisfied with respect to the document.
G. When any paper or tangible copy of an electronic document
shall have been recorded in the office of the county clerk in the
proper county, and the document was not certified in accordance with
this section, such document shall, from and after the time of the
filing thereof for record, be valid as though such document had, in
the first instance, been in all respects duly certified in accordance
with this section. Such document or the record thereof or a duly
authenticated copy thereof shall be competent evidence without
requiring the original to be produced or accounted for to the same
extent that written documents, duly executed and acknowledged, or the
record thereof are competent. This subsection shall apply to
documents recorded before or after January 1, 2020.
H. This section does not apply to a plat, plan, map or survey of
real property if under another law of this state or a rule,
regulation or ordinance applicable to a county clerk:
1. There are requirements of format or medium for the execution,
creation or recordation of such plat, plan, map or survey beyond the
requirements applicable to a deed to real property; or
2. Such plat, plan, map or survey shall be recorded in a
different location than a deed to real property.
Added by Laws 2019, c. 338, § 1, eff. Jan. 1, 2020.
§16-91. Corporations may convey by attorney.
Corporations, as well as individuals, may make, acknowledge and
deliver instruments affecting real estate by an attorney in fact.
R.L.1910, § 1172.
§16-92. Instrument by corporation valid.
Every instrument affecting real estate or authorizing the
execution of any deed, mortgage or other instrument relating thereto,
executed and acknowledged by a corporation or its attorney in fact in
substantial compliance with this chapter, shall be valid and binding
upon the grantor, notwithstanding any omission or irregularity in the
proceedings of such corporation or any of its officers or members,
and without reference to any provision in its constitution or by-
laws.
R.L.1910, § 1173.
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§16-93. Manner of execution by corporation.
Every deed or other instrument affecting real estate made by a
corporation must have the name of such corporation subscribed thereto
either by an attorney-in-fact, president, vice-president, chairman or
vice-chairman of the board of directors of such corporation.
R.L. 1910, § 1186; Laws 1987, c. 146, § 26, emerg. eff. June 24,
1987; Laws 1994, c. 238, § 4, eff. Sept. 1, 1994.
§16-94. Repealed by Laws 1994, c. 238, § 6, eff. Sept. 1, 1994.
§16-95. Acknowledgment by corporation - Form.
Every deed or other instrument affecting real estate, executed by
a corporation, must be acknowledged by an officer or attorney-in-fact
subscribing the name of the corporation thereto, which acknowledgment
may be in substantially a form as provided for in the Uniform Law on
Notarial Acts or in substantially the following form:
State of Oklahoma, )
) ss.
__________ County. )
Before me, a ____ in and for this state, on this ____ day of
____, ____ personally appeared ____ to me known to be the identical
person who subscribed the name of the maker thereof to the foregoing
instrument as its (attorney-in-fact, president, vice-president,
chair, or vice-chair of the board of directors or mayor, as the case
may be) and acknowledged to me that ________ executed the same as
______ free and voluntary act and deed, and as the free and voluntary
act and deed of the corporation, for the uses and purposes therein
set forth.
R.L. 1910, § 1188; Laws 1994, c. 238, § 5, eff. Sept. 1, 1994; Laws
1999, c. 104, § 3, emerg. eff. April 19, 1999.
§16-96. Mechanic's materialman's lien statement - Execution,
attestation, seal or acknowledgement not required - Release.
Any lien statement authorized pursuant to the provisions of
Sections 141 through 164 of Title 42 of the Oklahoma Statutes when
executed on behalf of a corporation may be signed and verified by any
officer or agent of said corporation without the necessity of
attestation, seal, or acknowledgement and any release of such lien
when executed on behalf of a corporation may be signed by any officer
or agent of such corporation without the necessity of attestation,
seal, or acknowledgement.
With respect to the execution and release of lien statements in
accordance with this section the provisions of Sections 15, 93, 94
and 95 of Title 16 of the Oklahoma Statutes shall not apply.
Added by Laws 1984, c. 257, § 2, emerg. eff. May 30, 1984.
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§16-201. Citation.
This act may be cited as the Uniform Vendor and Purchaser Risk
Act.
Added by Laws 1965, c. 92, § 1.
§16-202. Rights and duties of parties.
Any contract hereafter made in this state for the purchase and
sale of realty shall be interpreted as including an agreement that
the parties shall have the following rights and duties, unless the
contract expressly provides otherwise;
(a) if, when neither the legal title nor the possession of the
subject matter of the contract has been transferred, all or a
material part thereof is destroyed without fault of this purchaser or
is taken by eminent domain, the vendor cannot enforce the contract,
and the purchaser is entitled to recover any portion of the price
that he has paid; or
(b) if, when either the legal title or the possession of the
subject matter of the contract has been transferred, all or any part
thereof is destroyed without fault of the vendor or is taken by
eminent domain, the purchaser is not thereby relieved from a duty to
pay the price, nor is he entitled to recover any portion thereof that
he has paid.
Laws 1965, c. 92, § 2.
§16-203. Uniform law.
This act shall be so interpreted as to effectuate its purpose to
make uniform the law of those states which enact it.
Laws 1965, c. 92, § 3.
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