Okla. Stat. tit. 16, § 16-34 — OK Code / Title 16 / Section 16-34
Execution by mark
Status: in_force

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".
Okla. Stat. tit. 16, § 16-86.6 — OK Code / Title 16 / Section 16-86.6
Uniformity of application and construction
Status: in_force

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.
Okla. Stat. tit. 16, § 16-406 — OK Code / Title 16 / Section 16-406
Amendment form
Status: in_force

The following form may be used by an owner to make an amendment

under Section 3 of this act:

Amendment by Owner to Remove an Unlawful Restriction

This Amendment is recorded under the Oklahoma Uniform Unlawful

Restrictions in Land Records Act (the Act), by an Owner of an

interest in real property subject to an unlawful restriction as

defined under the Act.

(1) Name of Owner: _______________________________________________

Oklahoma Statutes - Title 16. Conveyances Page 46

(2) Owner's property that is subject to the unlawful restriction is

described as follows:

Address: ______________________________________________________

Legal Description: ____________________________________________

(3) This Amendment amends the following document:

Title of document being amended: ______________________________

Recording date of document being amended: _____________________

Recording information (book/page or instrument number): _______

This Amendment removes from the document described in paragraph (3)

all unlawful restrictions as defined under the Act. Removal of an

unlawful restriction through this Amendment does not affect the

validity and enforceability of any other restriction that is not an

unlawful restriction as defined under the Act, at the time of filing

this Amendment. This Amendment is not effective if the property is

subject to a governing instrument as defined under the Act.

_____________________ ______________________

Owner's Signature Date

Notary Acknowledgment: ___________________________________________
Okla. Stat. tit. 16, § 16-84 — OK Code / Title 16 / Section 16-84
Description of land - Recording fee - Indexing
Status: in_force

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.
Okla. Stat. tit. 16, § 16-305 — OK Code / Title 16 / Section 16-305
Recording prohibited
Status: in_force

1. No person shall record or cause to be recorded an unfair

service agreement or notice or memorandum thereof in this state;

2. A county clerk's office shall refuse to accept for

recordation an unfair service agreement;

3. In the event that a county clerk does accidentally record an

unfair service agreement, the county clerk shall incur no liability

for doing so; and

4. If an unfair service agreement is recorded in this state, it

shall not provide actual or constructive notice against an otherwise

bona fide purchaser or creditor.
Okla. Stat. tit. 16, § 16-11A — OK Code / Title 16 / Section 16-11A
Constructive mortgage - Exemptions
Status: in_force

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

Oklahoma Statutes - Title 16. Conveyances Page 6

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.
Okla. Stat. tit. 16, § 16-86.3 — OK Code / Title 16 / Section 16-86.3
Validity of electronic documents
Status: in_force

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

Oklahoma Statutes - Title 16. Conveyances Page 35

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 or signature. A physical or electronic image of a

stamp, impression, or seal need not accompany an electronic

signature.
Okla. Stat. tit. 16, § 16-16 — OK Code / Title 16 / Section 16-16
Instruments filed for record as constructive notice
Status: in_force

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.
Okla. Stat. tit. 16, § 16-14 — OK Code / Title 16 / Section 16-14
Terms defined
Status: in_force

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.
Okla. Stat. tit. 16, § 16-85 — OK Code / Title 16 / Section 16-85
False statements - Penalties
Status: in_force

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.
Okla. Stat. tit. 16, § 16-77 — OK Code / Title 16 / Section 16-77
Operation of statutes of limitations or recording statutes
Status: in_force

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.
Okla. Stat. tit. 16, § 16-83 — OK Code / Title 16 / Section 16-83
Matters to which affidavit may relate
Status: in_force

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.
Okla. Stat. tit. 16, § 16-39a — OK Code / Title 16 / Section 16-39a
Record of deeds, mortgages, etc., where acknowledgment
Status: in_force

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 by an authorized

officer and in the manner and form required by law at the time of

the execution thereof.
Okla. Stat. tit. 16, § 16-53 — OK Code / Title 16 / Section 16-53
Recorded signed documents - Rebuttable presumptions
Status: in_force

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,

Oklahoma Statutes - Title 16. Conveyances Page 18

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

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

Oklahoma Statutes - Title 16. Conveyances Page 19

considerations of policy. If considerations of policy are of equal

weight, neither presumption applies.
Okla. Stat. tit. 16, § 16-201 — OK Code / Title 16 / Section 16-201
Citation
Status: in_force

This act may be cited as the Uniform Vendor and Purchaser Risk

Act.
Okla. Stat. tit. 16, § 16-67 — OK Code / Title 16 / Section 16-67
Claim and purchase of severed mineral interest through
Status: in_force

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 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

Oklahoma Statutes - Title 16. Conveyances Page 26

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.
Okla. Stat. tit. 16, § 16-311 — OK Code / Title 16 / Section 16-311
Notice of fraudulent conveyance
Status: in_force

A. A person who is the victim of title theft as defined in

Section 2 of this act may file of record a notice of fraudulent

conveyance, duly verified by oath, setting forth the nature of the

fraudulent conveyance. Such notice may be filed of record by the

victim or by any other person acting on behalf of the victim who is

under a disability or otherwise unable to assert the claim on his or

her own behalf. Such notice shall serve as constructive notice that

the conveyance is alleged to be fraudulent.

B. To be effective and entitled to be recorded, notice of a

fraudulent conveyance shall contain an accurate and full description

of the real property affected by the recorded fraudulent conveyance.

Such notice of fraudulent conveyance shall be filed for record in

the county clerk’s office of the county or counties where the real

Oklahoma Statutes - Title 16. Conveyances Page 43

property is situated. Except as provided in subsection D of this

section, the county clerk shall accept any notice presented that

describes real property located in the county and shall enter,

record, and index such notice in the same manner that a deed is

recorded. A county clerk may charge fees for the recording of the

notice in accordance with the county clerk fee schedule set forth in

Section 32 of Title 28 of the Oklahoma Statutes. The name or names

of any victim appearing in such notice shall be entered as a grantee

or grantees in such indexes.

C. Upon the filing of a notice of fraudulent conveyance, the

county clerk shall deliver a copy of the notice to the district

attorney for investigation and potential prosecution.

D. The county clerk may refuse to file a notice of fraudulent

conveyance provided for in subsection B of this section if the clerk

has a reasonable belief that the notice constitutes sham legal

process as defined in subsection H of Section 1533 of Title 21 of

the Oklahoma Statutes, or if the clerk has a reasonable belief that

the notice is being presented as a slander of title to the real

property. If the county clerk refuses to file a notice of

fraudulent conveyance, the aggrieved party may petition the district

court for a writ of mandamus to compel the county clerk to record

the notice pursuant to the provisions of Section 75 of Title 16 of

the Oklahoma Statutes.
Okla. Stat. tit. 16, § 16-30 — OK Code / Title 16 / Section 16-30
Will recorded
Status: in_force

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.
Okla. Stat. tit. 16, § 16-54 — OK Code / Title 16 / Section 16-54
Discriminatory restrictive covenants — Filling declaration
Status: in_force

for removal.

A person who owns real property or an interest in real property

for which the title includes a recorded conveyance instrument

containing an illegal discriminatory restrictive covenant pursuant

to the Fair Housing Act, 42 U.S.C., Section 3601 et seq., or another

person with the written and notarized permission of the owner, may

declare that the discriminatory restrictive covenant is illegal and

unenforceable and should be removed. The declaration shall be filed

with the clerk of the county where the property is located.

An illegal discriminatory restrictive covenant is not

enforceable in this state, and all discriminatory restrictive

covenants contained in any real estate conveyance or instrument

recorded in this state are unlawful, are unenforceable, and are

declared null and void. Any discriminatory restrictive covenant

contained in a previously recorded real estate conveyance or

instrument is extinguished and severed from the recorded real estate

conveyance or instrument and the remainder of the title transaction

remains enforceable and effective.
Okla. Stat. tit. 16, § 16-405 — OK Code / Title 16 / Section 16-405
Amendment requirements
Status: in_force

A. An amendment under this act must identify the owner, the

real property affected, and the document containing the unlawful

restriction. The amendment must include a conspicuous statement in

substantially the following form:

"This amendment removes from this deed or other document

affecting title to real property an unlawful restriction as defined

under the Oklahoma Uniform Unlawful Restrictions in Land Records

Act. This amendment does not affect the validity or enforceability

of a restriction that is not an unlawful restriction."

B. The amendment must be executed and acknowledged in the

manner required for recordation of a document in the land records.

The amendment must be recorded with the county clerk in the county

in which the document containing the unlawful restriction is

recorded.

C. The amendment does not affect the validity or enforceability

of any restriction that is not an unlawful restriction.

D. The amendment or a future conveyance of the affected real

property is not a republication of a restriction that otherwise

would expire by passage of time under other law of this state.
Okla. Stat. tit. 16, § 16-302 — OK Code / Title 16 / Section 16-302
Definitions
Status: in_force

As used in this act:

1. "Person" means a natural person, partnership, association,

cooperative, corporation, trust, or other legal entity;

Oklahoma Statutes - Title 16. Conveyances Page 41

2. "Recording" means presenting a document to the county

clerk's office for official placement in the public land records;

3. "Residential real estate" means real property located in

this state which is used primarily for personal, family, or

household purposes and is improved by one to four dwelling units;

4. "Service agreement" means a contract under which a person

agrees to provide services in connection with the maintenance of or

purchase or sale of residential real estate; and

5. "Service provider" means an individual or entity that

provides services to a person.
Okla. Stat. tit. 16, § 16-75 — OK Code / Title 16 / Section 16-75
Contents and recording of notice - Sham legal process
Status: in_force

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.

Oklahoma Statutes - Title 16. Conveyances Page 29

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

Oklahoma Statutes - Title 16. Conveyances Page 30

located and a statement that 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.
Okla. Stat. tit. 16, § 16-7 — OK Code / Title 16 / Section 16-7
Husband or wife of incapacitated spouse may sell, convey,
Status: in_force

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.
Okla. Stat. tit. 16, § 16-304 — OK Code / Title 16 / Section 16-304
Unenforceable if deemed unfair
Status: in_force

Oklahoma Statutes - Title 16. Conveyances Page 42

If a service agreement is deemed unfair under this act it is

unenforceable.
Okla. Stat. tit. 16, § 16-20 — OK Code / Title 16 / Section 16-20
Power of attorney - Execution - Recording
Status: in_force

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

Oklahoma Statutes - Title 16. Conveyances Page 9

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.
Okla. Stat. tit. 16, § 16-86.5 — OK Code / Title 16 / Section 16-86.5
Administration and standards
Status: in_force

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

Oklahoma Statutes - Title 16. Conveyances Page 36

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:

(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.
Okla. Stat. tit. 16, § 16-408 — OK Code / Title 16 / Section 16-408
Relation to Electronic Signatures in Global and National
Status: in_force

Commerce Act.

This act modifies, limits, or supersedes the Electronic

Signatures in Global and National Commerce Act, 15 U.S.C., Section

7001 et seq., as amended, but does not modify, limit, or supersede

15 U.S.C., Section 7001(c), or authorize electronic delivery of any

of the notices described in 15 U.S.C., Section 7003(b).
Okla. Stat. tit. 16, § 16-71 — OK Code / Title 16 / Section 16-71
Marketable record title defined
Status: in_force

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.
Okla. Stat. tit. 16, § 16-4 — OK Code / Title 16 / Section 16-4
Necessity of writing and signing - Veterans' loans -
Status: in_force

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

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.

Oklahoma Statutes - Title 16. Conveyances Page 4
Okla. Stat. tit. 16, § 16-301 — OK Code / Title 16 / Section 16-301
Short title — Prohibition of Unfair Service Agreements
Status: in_force

Act.

This act shall be known and may be cited as the "Prohibition of

Unfair Service Agreements Act".
Okla. Stat. tit. 16, § 16-15 — OK Code / Title 16 / Section 16-15
Necessity of acknowledgment and recording - Condition for
Status: in_force

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.
Okla. Stat. tit. 16, § 16-3 — OK Code / Title 16 / Section 16-3
Attorney-in-fact
Status: in_force

Any instrument affecting real estate may be made by an attorney-

in-fact, duly appointed and empowered as hereinafter provided.

Oklahoma Statutes - Title 16. Conveyances Page 3
Okla. Stat. tit. 16, § 16-306 — OK Code / Title 16 / Section 16-306
Court order to declare recorded agreements unenforceable
Status: in_force

If an unfair service agreement or a notice or memorandum thereof

is recorded in this state, any person with an interest in the real

property that is the subject of that agreement may apply to a

district court in the county where the recording exists to record a

court order declaring the agreement unenforceable.
Okla. Stat. tit. 16, § 16-13 — OK Code / Title 16 / Section 16-13
Conveyance of separate property
Status: in_force

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.
Okla. Stat. tit. 16, § 16-55 — OK Code / Title 16 / Section 16-55
Recording declaration to remove discriminatory restrictive
Status: in_force

covenants — Form.

All discriminatory restrictive covenants prohibited by Section 1

of this act may be declared illegal and unenforceable and considered

removed from the instrument by the owner of real property subject to

such restrictive covenants by recording a declaration to remove the

discriminatory restrictive covenants. The real property owner may

record such declaration:

1. Prior to recordation of a deed conveying real property to a

purchaser; or

2. When such real property owner discovers that such

discriminatory restrictive covenants exist.

Such declaration may be prepared without assistance of an

attorney, but such declaration to remove the discriminatory

restrictive covenants shall conform substantially to the following

form:

DECLARATION TO REMOVE DISCRIMINATORY RESTRICTIVE COVENANTS

County where property is located: ____________________

Date of Instrument containing discriminatory restrictive

covenants(s): ______________

Instrument Type: ____________________

Instrument recorded in Book ______ Page _______

Oklahoma Statutes - Title 16. Conveyances Page 20

Name(s) of Grantor(s): ____________________

Name(s) of Current Owner(s): ____________________

Real Property Description: ____________________

The discriminatory restrictive covenants contained in the above-

mentioned instrument are declared to be illegal and unlawful and

shall be considered removed from the instrument to the extent that

it contains terms purporting to restrict the ownership or use of the

property as prohibited by Section 1 of this act.

The undersigned is/are the legal owner(s) of the property described

herein.

Signed and delivered this ___ day of__________, ____.

_____________________________ ________________________

_____________________________ ________________________

State of Oklahoma, )

) ss.

__________ County. )

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.
Okla. Stat. tit. 16, § 16-28 — OK Code / Title 16 / Section 16-28
Instruments to be printed or handwritten in English –
Status: in_force

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,

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.
Okla. Stat. tit. 16, § 16-82 — OK Code / Title 16 / Section 16-82
Recording of affidavit - Rebuttable presumption
Status: in_force

Oklahoma Statutes - Title 16. Conveyances Page 33

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.
Okla. Stat. tit. 16, § 16-8 — OK Code / Title 16 / Section 16-8
Verified petition to be filed
Status: in_force

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.
Okla. Stat. tit. 16, § 16-36 — OK Code / Title 16 / Section 16-36
Legalizing acknowledgments heretofore taken
Status: in_force

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.
Okla. Stat. tit. 16, § 16-91 — OK Code / Title 16 / Section 16-91
Corporations may convey by attorney
Status: in_force

Corporations, as well as individuals, may make, acknowledge and

deliver instruments affecting real estate by an attorney in fact.
Okla. Stat. tit. 16, § 16-66 — OK Code / Title 16 / Section 16-66
Purpose
Status: in_force

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 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.

Oklahoma Statutes - Title 16. Conveyances Page 25
Okla. Stat. tit. 16, § 16-9 — OK Code / Title 16 / Section 16-9
Copy of petition to be served
Status: in_force

At least thirty (30) days before the hearing of the petition,

the applicant or his attorney shall serve a copy of the petition

Oklahoma Statutes - Title 16. Conveyances Page 5

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.
Okla. Stat. tit. 16, § 16-33 — OK Code / Title 16 / Section 16-33
Form of acknowledgment
Status: in_force

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. )

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.
Okla. Stat. tit. 16, § 16-37 — OK Code / Title 16 / Section 16-37
Foreign acknowledgments legalized
Status: in_force

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.
Okla. Stat. tit. 16, § 16-18 — OK Code / Title 16 / Section 16-18
Quitclaim conveys what
Status: in_force

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.
Okla. Stat. tit. 16, § 16-202 — OK Code / Title 16 / Section 16-202
Rights and duties of parties
Status: in_force

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.
Okla. Stat. tit. 16, § 16-86.4 — OK Code / Title 16 / Section 16-86.4
Recording of documents
Status: in_force

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.
Okla. Stat. tit. 16, § 16-87 — OK Code / Title 16 / Section 16-87
Recordation of electronic documents in tangible form
Status: in_force

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;

Oklahoma Statutes - Title 16. Conveyances Page 37

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

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

Oklahoma Statutes - Title 16. Conveyances Page 38

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.

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.
Okla. Stat. tit. 16, § 16-76 — OK Code / Title 16 / Section 16-76
Exceptions to application of act - Stray instruments - Root
Status: reserved

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

Oklahoma Statutes - Title 16. Conveyances Page 31

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.
Okla. Stat. tit. 16, § 16-37b — OK Code / Title 16 / Section 16-37b
Foreign execution and acknowledgments validated -
Status: in_force

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

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.
Okla. Stat. tit. 16, § 16-79 — OK Code / Title 16 / Section 16-79
Penalties for filing slanderous notices of claims - Quiet
Status: in_force

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.
Okla. Stat. tit. 16, § 16-26 — OK Code / Title 16 / Section 16-26
Acknowledgment before recording
Status: in_force

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.
Okla. Stat. tit. 16, § 16-62 — OK Code / Title 16 / Section 16-62
Purchasers for value of real estate - Reliance upon status
Status: in_force

of title as reflected by county records and by decrees and

judgements of courts.

(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

Oklahoma Statutes - Title 16. Conveyances Page 21

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

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

Oklahoma Statutes - Title 16. Conveyances Page 22

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 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

Oklahoma Statutes - Title 16. Conveyances Page 23

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 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.

Oklahoma Statutes - Title 16. Conveyances Page 24
Okla. Stat. tit. 16, § 16-303 — OK Code / Title 16 / Section 16-303
Qualifications — Application
Status: in_force

A. A service agreement is unfair under this act if any part of

the service subject to the agreement is not to be performed within

one (1) year after the time it is entered into or automatically

renews after a one (1) year agreement timeframe and has any of the

following characteristics:

1. Purports to run with the land or to be binding on future

owners of interests in the real property;

2. Allows for assignment of the right to provide service

without notice to and consent of the owner of residential real

estate; or

3. Purports to create a lien, encumbrance, or other real

property security interest.

B. This act does not apply to:

1. A home warranty or similar product that covers the cost of

maintenance of a major home system, such as plumbing, HVAC or

electrical wiring for a fixed period;

2. An insurance contract;

3. An option or right of refusal to purchase the residential

real estate;

4. A declaration created in the formation of a common-interest

community or an amendment thereto;

5. A maintenance or repair agreement entered by an owners'

association in a common-interest community;

6. A mortgage loan or a commitment to make or receive a

mortgage loan;

7. A security agreement under the Uniform Commercial Code

relating to the sale or rental of personal property or fixtures; or

8. Water, sewer, electrical, telephone, cable, or other

regulated utility service providers.

C. This act does not impair any lien right granted pursuant to

Oklahoma law.
Okla. Stat. tit. 16, § 16-96 — OK Code / Title 16 / Section 16-96
Mechanic's materialman's lien statement - Execution,
Status: in_force

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

Oklahoma Statutes - Title 16. Conveyances Page 40

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.Oklahoma Statutes - Title 16. Conveyances Page 2
Okla. Stat. tit. 16, § 16-42 — OK Code / Title 16 / Section 16-42
Form of sheriff's deed
Status: in_force

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 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 _____.

Oklahoma Statutes - Title 16. Conveyances Page 17

Said deed may be issued in this form and no further recitals therein

are necessary.
Okla. Stat. tit. 16, § 16-31 — OK Code / Title 16 / Section 16-31
Judgment recorded
Status: in_force

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.

Oklahoma Statutes - Title 16. Conveyances Page 12
Okla. Stat. tit. 16, § 16-10 — OK Code / Title 16 / Section 16-10
Order of sale to be entered of record
Status: in_force

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.
Okla. Stat. tit. 16, § 16-203 — OK Code / Title 16 / Section 16-203
Uniform law
Status: in_force

This act shall be so interpreted as to effectuate its purpose to

make uniform the law of those states which enact it.
Okla. Stat. tit. 16, § 16-41 — OK Code / Title 16 / Section 16-41
Form of quitclaim deed
Status: in_force

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."

Oklahoma Statutes - Title 16. Conveyances Page 16
Okla. Stat. tit. 16, § 16-307 — OK Code / Title 16 / Section 16-307
Damages
Status: in_force

If an unfair service agreement or a notice or memorandum thereof

is recorded in this state, any person with an interest in the real

property that is the subject of that agreement may recover such

actual damages, costs and attorney fees as may be proven against the

service provider who recorded the agreement.
Okla. Stat. tit. 16, § 16-404 — OK Code / Title 16 / Section 16-404
Removal of unlawful restriction by owners association
Status: in_force

A. The governing body of an owners association identified in a

governing instrument may, without a vote of the members of the

association, amend the governing instrument to remove an unlawful

restriction.

B. A member of an owners association may request, in a record

that sufficiently identifies an unlawful restriction in the

governing instrument, that the governing body exercise its authority

under subsection A of this section. Not later than ninety (90) days

after the governing body receives the request, the governing body

Oklahoma Statutes - Title 16. Conveyances Page 45

shall determine reasonably and in good faith whether the governing

instrument includes the unlawful restriction. If the governing body

determines the governing instrument includes the unlawful

restriction, the governing body, not later than ninety (90) days

after the determination, shall amend the governing instrument to

remove the unlawful restriction.

C. Notwithstanding any provision of the governing instrument or

other laws of this state, the governing body may execute an

amendment under this section.

D. An amendment under this section is effective notwithstanding

any provision of the governing instrument or other law of this state

that requires a vote of the members of the owners association to

amend the governing instrument.
Okla. Stat. tit. 16, § 16-61 — OK Code / Title 16 / Section 16-61
Definitions
Status: in_force

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.
Okla. Stat. tit. 16, § 16-19 — OK Code / Title 16 / Section 16-19
Warranty deed conveys what - Implied terms
Status: in_force

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.
Okla. Stat. tit. 16, § 16-95 — OK Code / Title 16 / Section 16-95
Acknowledgment by corporation - Form
Status: in_force

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.
Okla. Stat. tit. 16, § 16-21 — OK Code / Title 16 / Section 16-21
Revocation of power of attorney
Status: in_force

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.
Okla. Stat. tit. 16, § 16-5 — OK Code / Title 16 / Section 16-5
Validation of conveyances
Status: in_force

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.
Okla. Stat. tit. 16, § 16-9.1 — OK Code / Title 16 / Section 16-9.1
Notice of sale - Orders
Status: in_force

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.
Okla. Stat. tit. 16, § 16-73 — OK Code / Title 16 / Section 16-73
Claims prior to date of root title as null and void
Status: in_force

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.
Okla. Stat. tit. 16, § 16-1 — OK Code / Title 16 / Section 16-1
Persons who may convey - Married persons - Legal entities
Status: in_force

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.
Okla. Stat. tit. 16, § 16-401 — OK Code / Title 16 / Section 16-401
Short title - Oklahoma Uniform Unlawful Restrictions in
Status: in_force

Land Records Act.

This act shall be known and may be cited as the "Oklahoma

Uniform Unlawful Restrictions in Land Records Act".
Okla. Stat. tit. 16, § 16-6 — OK Code / Title 16 / Section 16-6
When husband or wife may convey homestead
Status: in_force

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

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.
Okla. Stat. tit. 16, § 16-80 — OK Code / Title 16 / Section 16-80
Construction
Status: in_force

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.
Okla. Stat. tit. 16, § 16-24 — OK Code / Title 16 / Section 16-24
Defense by warrantor - Recovery by warrantee
Status: in_force

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.

Oklahoma Statutes - Title 16. Conveyances Page 10
Okla. Stat. tit. 16, § 16-402 — OK Code / Title 16 / Section 16-402
Definitions
Status: in_force

As used in this act:

1. "Amendment" means a document that removes an unlawful

restriction;

2. "Document" means a record recorded or eligible to be

recorded in land records;

3. "Governing instrument" means a document recorded in land

records that:

a. establishes a governing body responsible for

management of common areas or facilities used by more

than one owner of a property interest affected by the

document, and

b. requires contribution, enforceable by a lien on a

separate property interest, of a share of taxes,

insurance premiums, maintenance, or improvement of, or

Oklahoma Statutes - Title 16. Conveyances Page 44

services or other expenses for the common benefit of,

the real property described in the document;

4. "Index" means a system that enables a search for a document

in land records;

5. "Land records" means documents and indexes maintained by a

recorder;

6. "Owner" means a person that has a fee interest in real

property;

7. "Person" means an individual, estate, business or nonprofit

entity, government or governmental subdivision, agency, or

instrumentality, or other legal entity;

8. "Record", used as a noun, means information:

a. inscribed on a tangible medium, or

b. stored in an electronic or other medium and

retrievable in perceivable form;

9. "Recorder" means an officer authorized under other laws of

this state to accept a document for recordation in land records;

10. "Remove" means eliminate any apparent or purportedly

continuing effect on title to real property; and

11. "Unlawful restriction" means a prohibition, restriction,

covenant, or condition in a document that purports to interfere with

or restrict the transfer, use, or occupancy of real property:

a. on the basis of race, color, religion, national

origin, sex, familial status, disability, or other

personal characteristics, and

b. in violation of other laws of this state or federal

law.
Okla. Stat. tit. 16, § 16-72 — OK Code / Title 16 / Section 16-72
Title subject to certain interests and defects
Status: reserved

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,

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.

Oklahoma Statutes - Title 16. Conveyances Page 27

(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.
Okla. Stat. tit. 16, § 16-74 — OK Code / Title 16 / Section 16-74
Filing of notice of claim - Disability or lack of knowledge
Status: in_force

- 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 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

Oklahoma Statutes - Title 16. Conveyances Page 28

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).
Okla. Stat. tit. 16, § 16-12 — OK Code / Title 16 / Section 16-12
Officers' deeds recorded
Status: in_force

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.
Okla. Stat. tit. 16, § 16-86.7 — OK Code / Title 16 / Section 16-86.7
Relation to Electronic Signatures in Global and National
Status: in_force

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)).
Okla. Stat. tit. 16, § 16-407 — OK Code / Title 16 / Section 16-407
Recording by county clerk
Status: in_force

A. A county clerk shall record an amendment submitted under

this act, add the amendment to the index, and cross-reference the

amendment to the document containing the unlawful restriction.

B. A county clerk is not liable for recording an amendment

under this act.
Okla. Stat. tit. 16, § 16-68 — OK Code / Title 16 / Section 16-68
Abolition of doctrine of constructive possession
Status: in_force

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.
Okla. Stat. tit. 16, § 16-43 — OK Code / Title 16 / Section 16-43
Recording of instruments and judgments affecting real
Status: in_force

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.
Okla. Stat. tit. 16, § 16-29 — OK Code / Title 16 / Section 16-29
Fee simple - Exception
Status: in_force

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.
Okla. Stat. tit. 16, § 16-86.1 — OK Code / Title 16 / Section 16-86.1
Short title
Status: in_force

SHORT TITLE. Sections 1 through 7 of this act shall be known

and may be cited as the “Uniform Real Property Electronic Recording

Act”.
Okla. Stat. tit. 16, § 16-38 — OK Code / Title 16 / Section 16-38
Acknowledgments before deputy clerk of district court
Status: in_force

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.
Okla. Stat. tit. 16, § 16-63 — OK Code / Title 16 / Section 16-63
Notice of claim
Status: in_force

(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.
Okla. Stat. tit. 16, § 16-27a — OK Code / Title 16 / Section 16-27a
Instruments recorded for five (5) years valid
Status: in_force

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

Oklahoma Statutes - Title 16. Conveyances Page 11

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.
Okla. Stat. tit. 16, § 16-22 — OK Code / Title 16 / Section 16-22
Judgment for recovery of land - When effective against
Status: in_force

grantors.

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.
Okla. Stat. tit. 16, § 16-16.1 — OK Code / Title 16 / Section 16-16.1
Filing of special improvement district assessment in
Status: in_force

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.
Okla. Stat. tit. 16, § 16-35 — OK Code / Title 16 / Section 16-35
Acknowledgment to be under seal - Before whom taken
Status: in_force

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

Oklahoma Statutes - Title 16. Conveyances Page 13

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.
Okla. Stat. tit. 16, § 16-25 — OK Code / Title 16 / Section 16-25
Failure to defend - Recovery
Status: in_force

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.
Okla. Stat. tit. 16, § 16-40 — OK Code / Title 16 / Section 16-40
Form of warranty deed
Status: in_force

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_.

________________________.
Okla. Stat. tit. 16, § 16-23 — OK Code / Title 16 / Section 16-23
Notice of suit to grantor
Status: in_force

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.
Okla. Stat. tit. 16, § 16-32 — OK Code / Title 16 / Section 16-32
Minor may hold real estate - Estates to commence in future
Status: in_force

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.
Okla. Stat. tit. 16, § 16-11 — OK Code / Title 16 / Section 16-11
Estoppel by receiving benefits
Status: in_force

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.
Okla. Stat. tit. 16, § 16-86.2 — OK Code / Title 16 / Section 16-86.2
Definitions
Status: in_force

Oklahoma Statutes - Title 16. Conveyances Page 34

DEFINITIONS. In the Uniform Real Property Electronic Recording

Act:

(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 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.
Okla. Stat. tit. 16, § 16-93 — OK Code / Title 16 / Section 16-93
Manner of execution by corporation
Status: in_force

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.
Okla. Stat. tit. 16, § 16-403 — OK Code / Title 16 / Section 16-403
Removal of unlawful restriction by property owner
Status: in_force

Except with respect to property to which Section 4 of this act

applies, an owner of real property subject to an unlawful

restriction may submit to the recorder for recordation in the land

records an amendment to remove the unlawful restriction, but only as

to the owner's property.
Okla. Stat. tit. 16, § 16-2 — OK Code / Title 16 / Section 16-2
Witness not necessary
Status: in_force

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.
Okla. Stat. tit. 16, § 16-37a — OK Code / Title 16 / Section 16-37a
Foreign acknowledgments validated
Status: in_force

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

Oklahoma Statutes - Title 16. Conveyances Page 14

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.
Okla. Stat. tit. 16, § 16-17 — OK Code / Title 16 / Section 16-17
After-acquired title
Status: in_force

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.
Okla. Stat. tit. 16, § 16-92 — OK Code / Title 16 / Section 16-92
Instrument by corporation valid
Status: in_force

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

Oklahoma Statutes - Title 16. Conveyances Page 39

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.
Okla. Stat. tit. 16, § 16-78 — OK Code / Title 16 / Section 16-78
Definitions
Status: in_force

(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.

Oklahoma Statutes - Title 16. Conveyances Page 32

(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.
Okla. Stat. tit. 16, § 16-39 — OK Code / Title 16 / Section 16-39
Justice of the Peace - Acknowledgments validated
Status: in_force

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.