reglab/housing_qa huggingface dataset:
16 OK Stat § 16-39a (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-39a. Record of deeds, mortgages, etc., where acknowledgment defective - Validation.

|All deeds, mortgages, conveyances, or other instruments affecting the title to real property in the state, the acknowledgment of which was taken and certificate of acknowledgment executed by a Justice of the Peace of the county wherein such real property is situated, and/or where any notarial acknowledgment was taken before a notary public of any county in this state or of any other state where the certificate of acknowledgment is defective in form, and where any such instrument has actually been filed and recorded or copied into the permanent volumes of public title records in the office of the county clerk of the county in which said property is situated for a period of five or more years and has not been canceled of record, the recording of any such instrument is and shall be and become a valid public record in all respects and for all purposes as fully as if the same had been originally acknowledged before and certificate executed by an authorized officer and in the manner and form required by law at the time of the execution thereof. |Laws 1937, p. 313, § 1.
16 OK Stat § 16-40 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-40. Form of warranty deed.

|A warranty deed to real estate may be substantially in the following form, towit: |Know all men by these Presents:That____part__ of the first part, in consideration of the sum of ____ dollars, in hand paid, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto ____ the following described real property and premises, situate in ____ County, State of Oklahoma, to-wit: ____ together with all the improvements thereon and the appurtenances thereunto belonging, and warrant the title to the same.To have and to hold said described premises unto the said part__ of the second part, ____ heirs and assigns forever, free, clear and discharged of and from all former grants, charges, taxes, judgments, mortgages and other liens and encumbrances of whatsoever nature;Signed and delivered this ____ day of ____ 191_.________________________.R.L.1910, § 1184.
16 OK Stat § 16-41 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-41. Form of quitclaim deed.

|A quitclaim deed to real estate may be substantially the same as a warranty deed, with the word "quitclaim" inserted in connection with the words "do hereby grant, bargain, sell and convey," as follows: "Do hereby quitclaim, grant, bargain, sell and convey," and by omitting the words, "and warrant the title to the same." |R.L.1910, § 1185. 8
16 OK Stat § 16-42 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-42. Form of sheriff's deed.

|That from and after the passage of this act, a sheriff's deed issued upon the sale of real estate sold by virtue of an execution, judgment or decree of foreclosure of mortgage, or partition of real estate, may be in the following form, towit: |Whereas____ did, at the ____ term of the ____ court of ____ County, State of Oklahoma, on the ____day of ____, A.D. 19__ in an action in said court, wherein____ was plaintiff and ____ was defendant, same being cause NO ____, recover a judgment (or decree) against ____ for the sum of ____, and costs of suit, upon which an execution or order of sale was issued, dated the ____ day of ____ A.D. 19__ directed to ____, to execute, by virtue of which the said ____ levied upon the premises hereinafter described, and the time and place of sale thereof having been duly advertised according to law, the same were struck off and sold to ____ he being the highest and 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 ofOklahoma, ________.Oklahoma.My Commission expires _____.Said deed may be issued in this form and no further recitals therein are necessary.Laws 1941, p. 56, § 1.
16 OK Stat § 16-43 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-43. Recording of instruments and judgments affecting real estate situated in more than one county.

|When any instrument or judgment, affecting the title to or possession of real property, situated in more than one county in this state, has been filed for record in either of such counties, a copy thereof, certified to by the county clerk of the county in which it has been filed for record, may be recorded in any other county in this state wherein any portion of the real property affected by such instrument or judgment is situated, and such records will have the same effect as if the original instrument or judgment had been so recorded. |Laws 1971, c. 80, § 1.
16 OK Stat § 16-61 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-61. Definitions.

|For the purposes of this act: (a) An interest in real estate shall include, but not be limited to mortgage liens, interests of purchasers under contract of sale, leases, easements, oil and gas leases, and mineral and royalty interests. (b) A purchaser for value shall include one who has actual or constructive notice of the invalidity of the conveyance, decree or judgment under which his grantor claims immediately or remotely. |Laws 1961, p. 192, § 1.
16 OK Stat § 16-63 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-63. Notice of claim.

|(a) The notice of claim required to be filed in Section 2 hereof shall contain an accurate and full description of all land affected by such notice, which description shall be set forth in particular terms and not by general inclusions; but, if said claim is founded upon a recorded instrument, then the description in such notice may be the same as that contained in such recorded instrument. The notice shall set forth clearly the basis for and the extent or nature of the claimant's alledged interest, and be signed, acknowledged and filed for record in the county clerk's office of the county or counties where the land described therein is situated. The county clerk of each county shall accept all such notices presented to him which describe land located in the county in which he serves, and shall enter, record, and index the same in the same way that deeds are recorded, and each county clerk shall be entitled to charge the same fees for the recording thereof as are charged for recording deeds. In indexing such notices in his office, each county clerk shall enter such notices in the index of deeds and in the numerical index of deeds. The names of the claimants appearing in such notices are to be entered as grantees in such indexes. (b) Recording of such notice after a purchase for value has been effected shall not impair the rights of the purchaser for value or the rights of the heirs, successors and assigns of such purchaser. (c) If any person required under this act to file a notice to protect his rights as against a purchaser for value is a minor or incompetent or unborn contingent remainderman, such notice may be filed by his guardian, person having custody of him, his next friend or any person interested in his estate or any person who represents him as attorney, agent, or in another capacity. Minority, incompetency or other disability shall not suspend the operation of this act. |Laws 1961, p. 193, § 3.
16 OK Stat § 16-66 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-66. Purpose.

|The Legislature deems that the needs of the society of this state require that persons claiming interests in real estate contrary to the apparent title as shown by the county records and decrees and judgments of the county courts and courts of general jurisdiction come forward and make public their claims and the basis thereof by filing of record a notice of such claim. This act shall be liberally construed to effect the legislative purpose of simplifying real estate transactions by permitting purchasers to rely upon the status of title as reflected by the county records and by the decrees and judgments of the aforementioned courts. |Laws 1961, p. 194, § 7.
16 OK Stat § 16-67 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-67. Claim and purchase of severed mineral interest through recorded affidavit of death and heirship.

|A. After the date of death of a person who was an owner of a severed mineral interest in real estate, a person who claims such interest, immediately or remotely, through an affidavit of death and heirship recorded pursuant to Sections 82 and 83 of this title, shall acquire a valid and marketable title to such interest as against any person claiming adversely to such recorded affidavit on the conditions set forth in subsection C of this section. |B. Any purchaser for value acquiring a severed mineral interest in real estate from a person who claims such interest, immediately or remotely, through a recorded affidavit of death and heirship or a recital of death and heirship in a recorded title transaction, as that term is defined in Section 78 of Title 16 of the Oklahoma Statutes, shall acquire a valid and marketable title to such interest as against any person claiming adversely to such recorded affidavit or recital on the conditions set forth in subsection C of this section.C. In order to establish marketable title pursuant to this section:1. The affidavit or recital must state that the decedent died without a will, or if the decedent had a will, that the will was never probated in Oklahoma and a copy of the will is attached to the affidavit or recital, or if the will was probated that the severed mineral interest was omitted from the final decree of the decedent and a copy of the will and final decree is attached to the affidavit or recital;2. The affidavit or recital must list the names of the decedent’s heirs and their relationship to the decedent;3. The affidavit or recital must state that the maker is related to the decedent or otherwise has personal knowledge of the facts stated therein;4. The affidavit or the title transaction that contains the recital must have been recorded for at least ten (10) years in the office of the county clerk in the county in which the real property is located; and5. 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 1, 1999. This section shall not apply as against any person in possession of the land, by occupancy or by occupancy of a tenant, at the time such purchaser acquires an interest in such land.Added by Laws 1999, c. 84, § 2, eff. Nov. 1, 1999. Amended by Laws 2010, c. 223, § 1, emerg. eff. May 10, 2010.
16 OK Stat § 16-68 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-68. Abolition of doctrine of constructive possession.

|The doctrine of constructive possession is abolished only insofar as it applies to the Simplification of Land Titles Act, Section 61 et seq. of Title 16 of the Oklahoma Statutes. Any claims based upon constructive possession before the effective date of this act shall be extinguished unless a notice of the claim is filed with the county clerk of the county where the land or interest is located within one (1) year from the effective date of this act. The notice of the claim shall set forth basis thereof and specifically refer to this section. |Added by Laws 1999, c. 84, § 3, eff. Nov. 1, 1999.
16 OK Stat § 16-71 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-71. Marketable record title defined.

|Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for thirty (30) years or more, shall be deemed to have a marketable record title to such interest as defined in Section 78 of this title, subject only to the matters stated in Section 72 of this title. A person shall be deemed to have such an unbroken chain of title when the official public records disclose a conveyance or other title transaction, of record not less than thirty (30) years at the time the marketability is to be determined, which said conveyance or other title transaction purports to create such interest, either in |(a) the person claiming such interest, or(b) some other person from whom, by one or more conveyances or other title transactions of record, such purported interest has become vested in the person claiming such interest; with nothing appearing of record, in either case, purporting to divest such claimant of such purported interest.Laws 1963, c. 31, § 1; Laws 1970, c. 92, § 1, eff. July 1, 1972.
16 OK Stat § 16-72 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-72. Title subject to certain interests and defects.

|Such marketable record title shall be subject to: |(a) All interests and defects which are inherent in the muniments of which such chain of record title is formed; provided, however, that a general reference in such muniments, or any of them, to interests created prior to the root of title shall not be sufficient to preserve them, unless specific identification be made therein of a recorded title transaction which creates such interest.(b) All interests preserved by the filing of proper notice or by possession by the same owner continuously for a period of thirty (30) years or more, in accordance with Section 74 of this title.(c) The rights of any person arising from a period of adverse possession or user, which was in whole or in part subsequent to the effective date of the root of title.(d) Any interest relating to a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record is started; provided, however, that such recording shall not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of Section 73 of this title.(e) The exceptions stated in Section 76 of this title as to rights of reversioners in leases, as to severed mineral or royalty interests, as to easements and interests in the nature of easements, and rights granted, reserved or excepted by instruments creating such easements or interests, or restrictions or agreements which are part of a subdivision development plan, and as to interests of the United States.Added by Laws 1963, c. 31, § 2. Amended by Laws 1970, c. 92, § 2, eff. July 1, 1972.
16 OK Stat § 16-73 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-73. Claims prior to date of root title as null and void.

|Subject to matters stated in Section 2 hereof, such marketable record title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims or charges whatsoever, the existence of which depends upon any act, transaction, event or omission that occurred prior to the effective date of the root of title. All such interests, claims or charges, however denominated, whether legal or equitable, present or future, whether such interests, claims or charges are asserted by a person sui juris or under a disability, whether such person is within or without the state, whether such person is natural or corporate, or is private or governmental, are hereby declared to be null and void. |Added by Laws 1963, c. 31, § 3.
16 OK Stat § 16-74 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-74. Filing of notice of claim - Disability or lack of knowledge - Thirty-year possession as deemed equivalent to filing notice.

|(a) Any person claiming an interest in land may preserve and keep effective such interest by filing for record during the thirty-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in writing, duly verified by oath, setting forth the nature of the claim. No disability or lack of knowledge of any kind on the part of anyone shall suspend the running of said thirty-year period. Such notice may be filed for record by the claimant or by any other person acting on behalf of any claimant who is |(1) under a disability,(2) unable to assert a claim on his own behalf, or(3) one of a class, but whose identity cannot be established or is uncertain at the time of filing such notice of claim for record.(b) If the same record owner of any possessory interest in land has been in possession of such land continuously for a period of thirty (30) years or more, during which period no title transaction with respect to such interest appears of record in his chain of title, and no notice has been filed by him or on his behalf as provided in subsection (a), and such possession continues to the time when marketability is being determined, such period of possession shall be deemed equivalent to the filing of the notice immediately preceding the termination of the thirty-year period described in subsection (a).Added by Laws 1963, c. 31, § 4. Amended by Laws 1970, c. 92, § 3, eff. July 1, 1972.
16 OK Stat § 16-76 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-76. Exceptions to application of act - Stray instruments - Root of title - Severed mineral interests.

|A. Sections 71 through 80 of this title shall not be applied to bar any lessor or his successor as a reversioner of his right to possession on the expiration of any lease; or to bar or extinguish any mineral or royalty interest which has been severed from the fee simple title of the land; or to bar or extinguish any easement or interest in the nature of an easement, or any rights granted, reserved or excepted by any instrument creating such easement or interest; or use restrictions or area agreements which are part of a plan for subdivision development or to bar any right, title or interest of the United States by reason of failure to file the notice herein required. |B. As used in this section, "stray instrument" means an instrument executed by a person or entity, or a decree of distribution entered in the estate of a decedent, who or which does not otherwise appear in the chain of record title to a tract of real property. A stray instrument shall not create a root of title pursuant to Sections 71 through 80 of this title if the following conditions exist:1. There is apparent from the record an otherwise valid, uninterrupted chain of record title traceable to an instrument which is a root of title as defined by Sections 71 through 80 of this title; and2. A current owner of the property under the chain of title referred to in paragraph 1 of this subsection records an affidavit that alleges that the current owner or owners are in possession of the property and that the parties claiming under the stray instrument own no interest in the property. If there are multiple owners, any one or more of the owners may execute the affidavit on behalf of all owners.C. An instrument executed by a person or entity, or a decree of distribution entered in the estate of a decedent who or which does not otherwise appear in the chain of record title to a tract of real property, except as an owner of a severed mineral interest therein, shall not create a root of title pursuant to Sections 71 through 80 of this title.D. As used in this section "severed mineral interest" includes mineral leasehold interests or working interests, mineral royalty interests and overriding royalty interests, and ownership of minerals without any ownership interest in the surface estate other than the rights of ingress and egress and for use of the surface for mineral development and exploration.E. This section shall not apply to the interest of any person or entity who or which claims a valid interest under any such stray instrument as defined herein and who shall, no later than November 1, 1996, file with the county clerk of the county where the land or interest is located, a notice of such claim, setting forth the basis thereof, and specifically referring to this section.Added by Laws 1963, c. 31, § 6. Amended by Laws 1995, c. 232, § 4, eff. Nov. 1, 1995.
16 OK Stat § 16-77 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-77. Operation of statutes of limitations or recording statutes unaffected.

|Nothing contained in this act shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as herein specifically provided, to affect the operation of any statutes governing the effect of the recording or the failure to record any instrument affecting land. |Laws 1963, c. 31, § 7.
16 OK Stat § 16-78 (2021)
2021 Oklahoma Statutes|Title 16. Conveyances|§16-78. Definitions.

|(a) "Marketable record title" means a title of record as indicated in Section 71 of this title, which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in Section 73 of this title. |(b) "Records" includes probate and other official public records, as well as records in the county clerk's office.(c) "Recording," when applied to the official public records of any office or court, includes filing.(d) "Person dealing with land" includes a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land contract vendee, or any other person seeking to acquire an estate or interest therein, or impose a lien thereon.(e) "Root of title" means that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date thirty (30) years prior to the time when marketability is being determined. The effective date of the "root of title" is the date on which it is recorded.(f) "Title transaction" means any transaction affecting title to any interest in land, including title by will or descent, title by tax deed, mineral deed, lease or reservation, or by trustee's, referee's, guardian's, executor's, administrator's, master in chancery's, sheriff's or marshal's deed, or decree of any court, as well as warranty deed, quitclaim deed, or mortgage.Laws 1963, c. 31, § 8; Laws 1970, c. 92, § 4, eff. July 1, 1972.