reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 60. Property › §60-49.16. Relationship to other land-use law.

RELATIONSHIP TO OTHER LAND-USE LAW.
The Uniform Environmental Covenants Act does not authorize a use of real property that is otherwise prohibited by zoning, by law other than the Uniform Environmental Covenants Act regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than the Uniform Environmental Covenants Act.
Added by Laws 2006, c. 182, § 6, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 60. Property › §60-49.17. Notice.

NOTICE.
A. A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:
1. Each person that signed the covenant;
2. Each person holding a recorded interest in the real property subject to the covenant;
3. Each person in possession of the real property subject to the covenant;
4. Each municipality or other unit of local government in which real property subject to the covenant is located; and
5. Any other person the agency requires.
B. The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
Added by Laws 2006, c. 182, § 7, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 60. Property › §60-49.18. Recording.

RECORDING.
A. An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.
B. Except as otherwise provided in subsection C of Section 9 of this act, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property.
Added by Laws 2006, c. 182, § 8, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 60. Property › §60-49.19. Duration - Amendment by court action.

DURATION; AMENDMENT BY COURT ACTION.
A. An environmental covenant is perpetual unless it is:
1. By its terms limited to a specific duration or terminated by the occurrence of a specific event;
2. Terminated by consent pursuant to Section 10 of this act;
3. Terminated pursuant to subsection B of this section;
4. Terminated by foreclosure of an interest that has priority over the environmental covenant; or
5. Terminated or modified in an eminent domain proceeding, but only if:
a.
the agency that signed the covenant is a party to the proceeding,
b.
all persons identified in subsections A and B of Section 10 of this act are given notice of the pendency of the proceeding, and
c.
the court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.
B. If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsections A and B of Section 10 of this act have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency’s determination or its failure to make a determination upon request is subject to review pursuant to the Administrative Procedures Act.
C. Except as otherwise provided in subsections A and B of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
D. An environmental covenant may not be extinguished, limited, or impaired by application of the provisions of Sections 71 through 85 of Title 16 of the Oklahoma Statutes or the Uniform Unclaimed Property Act.
Added by Laws 2006, c. 182, § 9, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 60. Property › §60-49.20. Amendment or termination by consent.

AMENDMENT OR TERMINATION BY CONSENT.
A. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
1. The agency;
2. The current owner of the fee simple of the real property subject to the covenant;
3. Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
4. Except as otherwise provided in paragraph 2 of subsection D of this section, the holder.
B. If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
C. Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
D. Except as otherwise provided in an environmental covenant:
1. A holder may not assign its interest without consent of the other parties; and
2. A holder may be removed and replaced by agreement of the other parties specified in subsection A of this section.
E. A court of competent jurisdiction may fill a vacancy in the position of holder.
Added by Laws 2006, c. 182, § 10, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 60. Property › §60-49.21. Enforcement of environmental covenant.

ENFORCEMENT OF ENVIRONMENTAL COVENANT.
A. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
1. A party to the covenant;
2. The agency or, if it is not the agency, the Department of Environmental Quality;
3. Any person to whom the covenant expressly grants power to enforce;
4. A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
5. A municipality or other unit of local government in which the real property subject to the covenant is located.
B. The Uniform Environmental Covenants Act does not limit the regulatory authority of the Department of Environmental Quality or other agency under law other than the Uniform Environmental Covenants Act with respect to an environmental response project including the authority of the Department of Environmental Quality provided in Sections 2-7-123 and 2-15-107 of Title 27A of the Oklahoma Statutes.
C. A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
Added by Laws 2006, c. 182, § 11, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 60. Property › §60-49.22. Uniformity of application and construction.

UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing the Uniform Environmental Covenants Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Laws 2006, c. 182, § 12, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 60. Property › §60-49.23. Relation to Electronic Signatures in Global and National Commerce Act.

RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
The Uniform Environmental Covenants Act modifies, limits, or 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 of that act (15 U.S.C., Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of that act (15 U.S.C., Section 7003(b)).
Added by Laws 2006, c. 182, § 13, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 60. Property › §60-50. Easements not attached to land.

The following land burdens or servitudes upon land may be granted and held, though not attached to land:
1. The right to pasture, and of fishing and taking game.
2. The right of seat in church.
3. The right of burial.
4. The right of taking rents and tolls.
5. The right-of-way.
6. The right of taking water, wood, minerals, or other things.
R.L.1910, § 6624.
2023 Oklahoma Statutes › Title 60. Property › §60-56. Rights of owner of future estate.

The owner of a future estate in a dominant tenement, may use easements attached thereto, for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements, although such tenement if occupied by a tenant. R.L. 1910 Sec. 6630.
R.L.1910, § 6630.
2023 Oklahoma Statutes › Title 60. Property › §60-59. Servitude extinguished, how.

A servitude is extinguished:
1. By the vesting of the right to the servitude and the right to the servient tenement in the same person.
2. By the destruction of the servient tenement.
3. By the performance of any act upon either tenement, by the owner of the servitude, or with his assent which is incompatible with its nature or exercise; or,
4. When the servitude was acquired by enjoyment, by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment. R.L. 1910 Sec. 6633.
R.L.1910, § 6633.
2023 Oklahoma Statutes › Title 60. Property › §60-59.1. Abstracting easement with mortgage or bond indenture - Restrictions.

If a mortgage or bond indenture describes or makes reference to a recorded easement, the abstractor shall identify the mortgage or bond indenture in the abstract of title, state that the land described in the abstract of title is subject to the mortgage or bond indenture, and give the date of the mortgage or bond indenture, the book and page of its recording and the book and page of the recording of the easement described in said mortgage. The abstractor shall not otherwise summarize, abstract or copy the mortgage or bond indenture in full unless authorized in writing by the owner, purchaser or lessee of the land.
Added by Laws 1982, c. 109, § 1, emerg. eff. April 6, 1982.
2023 Oklahoma Statutes › Title 60. Property › §60-59.2. Abstracting or copying mortgage or bond indenture without authorization - Damages.

If any abstractor fails to obtain written authorization by the owner, purchaser or lessee of the land and subsequently summarizes, abstracts or copies the mortgage or bond indenture in full, he shall be liable for damages.
Added by Laws 1982, c. 109, § 2, emerg. eff. April 6, 1982.
2023 Oklahoma Statutes › Title 60. Property › §60-60. Ownership of water - Use of running water.

A. The owner of the land owns water standing thereon, or flowing over or under its surface but not forming a definite stream. The use of groundwater shall be governed by the Oklahoma Groundwater Law. Water running in a definite stream, formed by nature over or under the surface, may be used by the owner of the land riparian to the stream for domestic uses as defined in Section 105.1 of Title 82 of the Oklahoma Statutes, but he may not prevent the natural flow of the stream, or of the natural spring from which it commences its definite course, nor pursue nor pollute the same, as such water then becomes public water and is subject to appropriation for the benefit and welfare of the people of the state, as provided by law; Provided however, that nothing contained herein shall prevent the owner of land from damming up or otherwise using the bed of a stream on his land for the collection or storage of waters in an amount not to exceed that which he owns, by virtue of the first sentence of this section so long as he provides for the continued natural flow of the stream in an amount equal to that which entered his land less the uses allowed for domestic uses and for valid appropriations made pursuant to Title 82 of the Oklahoma Statutes; provided further, that nothing contained herein shall be construed to limit the powers of the Oklahoma Water Resources Board to grant permission to build or alter structures on a stream pursuant to Title 82 of the Oklahoma Statutes to provide for the storage of additional water the use of which the landowner has or acquires by virtue of this act.
B. All rights to the use of water in a definite stream in this state are governed by this section and other laws in Title 82 of the Oklahoma Statutes, which laws are exclusive and supersede the common law.
Amended by Laws 1988, c. 203, § 1, emerg. eff. June 10, 1988.
2023 Oklahoma Statutes › Title 60. Property › §60-63. Action for injury to inheritance.

A person having an estate in fee, in remainder, or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action. R.L. 1910 Sec. 6637.
R.L.1910, § 6637.
2023 Oklahoma Statutes › Title 60. Property › §60-66. Lateral and subjacent support, right to.

Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavations. R.L. 1910 Sec. 6641.
R.L.1910, § 6641.
2023 Oklahoma Statutes › Title 60. Property › §60-70. Boundaries and fences.

Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them.
2. The fences between them, unless one of them chooses to let his land lie open as a public common, in which case, if he afterwards encloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. R.L. 1910 Sec. 6645.
R.L.1910, § 6645.
2023 Oklahoma Statutes › Title 60. Property › §60-71. Appointment of trustee where there are contingent remainders.

In any case where, by will or deed or other instrument, title to real estate is in a tenant for life or other person having the right to the use thereof and income therefrom, with the remainder interest left to one or more contingent remaindermen, so that it is impossible to determine until the death of the life tenant or the future happening of some other determining event, what interest, if any, the various contingent remaindermen will take; the district court, upon the application of the life tenant, shall have jurisdiction and authority to appoint a trustee under proper bond, over said real estate, for the purpose of leasing the same for oil and gas developing purposes.
Added by Laws 1939, p. 355, § 1, emerg. eff. May 10, 1939.
2023 Oklahoma Statutes › Title 60. Property › §60-72. Trustee may make oil and gas leases and other mining leases.

Said trustee shall have the power and authority to make valid oil and gas leases and other mining leases, upon said lands, for a term not to exceed ten (10) years, and as long thereafter as oil, gas or other minerals may be produced in paying quantities, said leases to be executed and approved under the same procedure now followed in leasing lands for oil and gas purposes in guardianships and estates, the bonus and rentals therefrom to be paid to the life tenant or other person entitled thereto.
Added by Laws 1939, p. 355, § 2, emerg. eff. May 10, 1939.
2023 Oklahoma Statutes › Title 60. Property › §60-73. Trustee's authority to invest income from royalties - Payments to life tenant or other person.

Under proper court order the trustee shall be authorized to invest income from royalties pursuant to the provisions of the Oklahoma Uniform Prudent Investor Act, unless otherwise provided by law, which investments shall remain intact until the ultimate taker is determined and shall then be paid over to the ultimate taker and the trust closed. Income from investments shall be paid to the life tenant or other person entitled thereto.
Added by Laws 1939, p. 355, § 3, emerg. eff. May 10, 1939. Amended by Laws 1995, c. 351, § 19, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 60. Property › §60-74. Joint tenancy and tenancy by entirety.

A joint interest is one owned by several persons in either real or personal property in equal shares, being a joint title created by a single instrument, will or transfer when expressly declared in the instrument, will or transfer to be a joint tenancy, or as between husband and wife a tenancy by entirety or joint tenancy as the grantor may elect, or when granting or devising to executors or trustees as joint tenants. A tenancy by entirety can only be created between husband and wife.
Such joint tenancy or tenancy by entirety may be created by transfer to persons as joint tenants or tenants by entirety from an owner or a joint owner to himself and one or more persons, or from tenants in common to themselves, or by coparceners in voluntary partition, and such estates may be created by or for persons who have elected to become bound under any community property act now in existence or which may hereafter be enacted. An adjudication of incompetency shall not operate to terminate such an estate.
Where a deed, transfer or conveyance grants an estate in joint tenancy or tenancy by entirety in the granting clause thereof, the granting clause shall control over the habendum clause containing language inconsistent to the granting clause.
In the event of the death of a joint tenant or tenant by entirety, leaving estate subject to probate, a certified copy of letters testamentary or of administration shall constitute prima facie evidence of such death.
The provisions of this act shall apply to all estates in joint tenancy or tenancy by entirety in either real or personal property heretofore or hereafter created.
Nothing herein contained shall prevent execution, levy and sale of the interest of the judgment debtor in such estates and such sale shall constitute a severance.
Added by Laws 1945, p. 213, § 1, emerg. eff. May 7, 1945.
2023 Oklahoma Statutes › Title 60. Property › §60-74.1. Partial invalidity.

The provisions of this act shall be severable and if any section, subsection, sentence or clause of this act is for any reason held to be invalid such holding shall not affect the validity fo the remaining portions thereof.
Added by Laws 1945, p. 213, § 2, emerg. eff. May 7, 1945.
2023 Oklahoma Statutes › Title 60. Property › §60-75. Reformation of interests violating rule against perpetuities - Intent.

Any interest in real or personal property that would violate the rule against perpetuities shall be reformed, or construed within the limits of the rule, to give effect to the general intent of the creator of that interest whenever that general intent can be ascertained. This provision shall be liberally construed and applied to validate such interest to the fullest extent consistent with such ascertained intent.
Added by Laws 1971, c. 139, § 1, eff. Oct. 1, 1971.
2023 Oklahoma Statutes › Title 60. Property › §60-76. Construction in accordance with cy pres doctrine.

To effectuate the provisions hereof, all courts of this state are, within their otherwise jurisdictional limits, hereby granted the power to reform or construe interests in real or personal property, as provided in Section 1 hereof, in accordance with the doctrine of cy pres.
Added by Laws 1971, c. 139, § 2, eff. Oct. 1, 1971.
2023 Oklahoma Statutes › Title 60. Property › §60-77. Reformation of offending instruments.

If an instrument violates the rule against perpetuities, but can be reformed or construed in accordance with the provisions of this act, is shall not be declared totally invalid. Rather, the provisions thereof that do not offend the rule shall be enforced, and only the provisions thereof that do violate, or might violate, the rule shall be subject to reformation or construction under the doctrine of cy pres within the terms of this act.
Added by Laws 1971, c. 139, § 3, eff. Oct. 1, 1971.
2023 Oklahoma Statutes › Title 60. Property › §60-78. Applicability to certain inter vivos instruments, wills and appointments.

This act shall apply to inter vivos instruments and wills taking effect after the act becomes effective, and to appointments made after the act becomes effective, including appointments by inter vivos instruments or wills under powers created before the act becomes effective. The act shall apply to both legal and equitable interests.
Added by Laws 1971, c. 139, § 4, eff. Oct. 1, 1971.
2023 Oklahoma Statutes › Title 60. Property › §60-121. Alien may not hold land - Ownership of personalty.

A. No alien or any person who is not a citizen of the United States shall acquire title to or own land in this state either directly or indirectly through a business entity or trust, except as hereinafter provided, but he or she shall have and enjoy in this state such rights as to personal property as are, or shall be accorded a citizen of the United States under the laws of the nation to which such alien belongs, or by the treaties of such nation with the United States, except as the same may be affected by the provisions of Section 121 et seq. of this title or the Constitution of this state. Provided, however, the requirements of this subsection shall not apply to a business entity that is engaged in regulated interstate commerce in accordance with federal law.
B. On or after the effective date of this act, any deed recorded with a county clerk shall include as an exhibit to the deed an affidavit executed by the person or entity coming into title attesting that the person, business entity, or trust is obtaining the land in compliance with the requirements of this section and that no funding source is being used in the sale or transfer in violation of this section or any other state or federal law. A county clerk shall not accept and record any deed without an affidavit as required by this section. The Attorney General shall promulgate a separate affidavit form for individuals and for business entities or trusts to comply with the requirements of this section, with the exception of those deeds which the Attorney General deems necessary when promulgating the affidavit form.
R.L.1910, § 6646. Amended by Laws 2023, c. 327, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 60. Property › §60-122. Exceptions.

This article shall not apply to lands now owned in this state by aliens so long as they are held by the present owners, nor to any alien who is or shall take up bona fide residence in this state: and any alien who is or shall become a bona fide resident of the State of Oklahoma shall have the right to acquire and hold lands in this state upon the same terms as citizens of the State of Oklahoma during the continuance of such bona fide residence of such alien in this state: Provided, that if any such resident alien shall cease to be a bona fide inhabitant of this state, such alien shall have five (5) years from the time he ceased to be such bona fide resident in which to alienate such lands.
R.L.1910, § 6647.
2023 Oklahoma Statutes › Title 60. Property › §60-123. Five-year limitation in certain cases.

All nonresident aliens who may hereinafter acquire real estate in Oklahoma by devise, descent or by purchase, where such purchase is made under any legal proceeding foreclosing liens in favor of such alien, may hold the same for five (5) years from the date of so acquiring such title.
R.L.1910, § 6648.
2023 Oklahoma Statutes › Title 60. Property › §60-124. Escheat to state, unless conveyance made.

Any alien who shall hereafter hold lands in the State of Oklahoma in contravention of the provisions of this article, may nevertheless convey the fee simple title thereof at any time before the institution of escheat proceedings as hereinafter provided: Provided, however, that if any such conveyance shall be made by such alien either to an alien or a citizen of the United States in trust, and for the purpose and with the intention of evading the provisions of this article, or the provisions of the Constitution of this state, such conveyance shall be null and void, and any such lands so conveyed shall be forfeited and escheated to the state absolutely.
R.L.1910, § 6649.
2023 Oklahoma Statutes › Title 60. Property › §60-125. Procedure to enforce escheat.

It shall be the duty of the Attorney General or the district attorney of the county where the land is situate, when he shall be informed or have reason to believe that any lands in the state are being held contrary to the provisions of this act, or the provisions of the Constitution of this state, to institute suit in behalf of the State of Oklahoma in the district court of the county in which said lands are situate, praying for the escheat of the same in behalf of the state, and proceed therein as in cases provided by law for escheats of lands or property where such property has no known owner: Provided, that before any such suit is instituted, the Attorney General, or district attorney aforesaid, as the case may be, shall give thirty (30) days' notice by registered letter of his intention to sue, directed to the owner of the lands, at his last-known post office address or to the persons who last rendered the same for taxes, or to any known agents of the owner; proof of having mailed such registered letter shall be deemed and held prima facie evidence of the giving of such notice.
R.L.1910, § 6650.
2023 Oklahoma Statutes › Title 60. Property › §60-126. Procedure - Minors and incompetents as defendants.

In case the lands, at the time escheat proceedings are about to be commenced, are owned by minors, or by persons of unsound mind, such notice shall be addressed to the guardian of the said minors, or persons of unsound mind, and if there is no such guardian, the Attorney General of the state, or district attorney shall make application in the name of the state to the court and procure the appointment of a guardian ad litem to represent such minor, or person of unsound mind in such proceedings; thereafter the district attorney shall direct the clerk of such court to ascertain the residence or postoffice address of the next of kin of such minor, or person of unsound mind, and to transmit to such next of kin a copy of the petition or application to escheat such lands, and such minor or person of unsound mind shall have ninety (90) days after the mailing of such notice to appear and defend the action.
R.L.1910, § 6651.
2023 Oklahoma Statutes › Title 60. Property › §60-127. Trial and judgment.

If it shall be determined upon the trial of any such escheat proceedings that lands are held contrary to the provisions of this article, or the Constitution of this state, the court trying said cause shall render judgment condemning such lands, and order the same to be sold under the order of court, at such time, terms, and conditions as to the court may seem best; the proceeds of such sale after deducting the cost of the proceeding, shall be paid to the clerk of the court rendering the judgment where the same shall remain for one (1) year from the date of such payment, subject to the order of the alien owner of such lands, his heirs and legal representatives, and if not claimed within the period of one (1) year, such clerk shall pay the same into the treasury of the state for the benefit of the available school fund of the State: Provided, that when any money shall have been paid to the State Treasurer as hereinabove provided, an alien or his heirs may procure the same to be returned by applying for and procuring an order from the court condemning the property showing that such judgment escheating said property was procured by fraud, or mistake, or that there was material irregularity in the proceedings; this application, however, must be made within two (2) years from the date such monies were turned over into the State Treasury; and in no event shall the state be liable or called on to refund any further sum than the actual cash transmitted and delivered to such Treasurer: Provided, further, that the defendant in such escheat proceedings may at any time before final judgment suggest and prove to the court, that he has conformed to, or complied with the law, under and by which they will be entitled to hold such estate; which, it being admitted or proved, said suit shall be dismissed on payment by defendant of the costs and reasonable attorney's fees, to be fixed by the court.
R.L.1910, § 6652.
2023 Oklahoma Statutes › Title 60. Property › §60-136. Requisites of a trust.

No trust in relation to real property is valid, unless created or declared:
1. By a written instrument, subscribed by the grantor or by his agent thereto authorized by writing.
2. By the instrument under which the trustee claims the estate affected; or,
3. By operation of law.
R.L.1910, § 6659.
2023 Oklahoma Statutes › Title 60. Property › §60-140. Surplus liable to creditors.

Where a trust is created to receive the rents and profits of real property, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education and support of the person for whose benefit the trust is created, is liable to the claims of the creditors of such person, in the same manner as personal property which cannot be reached by execution.
R.L.1910, § 6664.
2023 Oklahoma Statutes › Title 60. Property › §60-156. Deeds and conveyances - Works not giving notice of existence of trust - Recorded written evidence.

A. The appearance of the words "trustee" or "as trustee" or "agent" following the names of the grantee in any deed of conveyance of land or other property, or an interest therein, heretofore or hereafter executed, without other language showing a trust, shall not be deemed to give notice to or put on inquiry any person dealing with said property that a trust exists, or that there are other beneficiaries of said conveyance except the grantee named therein, and such conveyance shall vest the title to such property in such grantee and a conveyance by such grantee, whether followed by the words "trustee" or "as trustee" or "agent" or not, shall vest title in his grantee free from any claims of all persons or corporations.
B. Subsection A of this section shall not apply if other written evidence is recorded, whether before or after the grantor's death, which establishes that an express trust does exist with respect to property which the grantor has conveyed by deed to his grantee followed by the words "trustee" or "as trustee" provided such other written evidence is recorded prior to conveyance of such property by such grantee.
Amended by Laws 1988, c. 319, § 4, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 60. Property › §60-157. Mortgages - Words not giving notice of existence of trust.

The appearance of the words "trustee" or "as trustee" or "agent" following the name of the mortgagee in any mortgage on real estate or personal property heretofore or hereafter executed, without other language showing a trust, shall not be deemed to give notice to or put on inquiry any person dealing with said property or mortgage that a trust exists, or that there are other beneficiaries of said mortgage except the mortgagee named therein, and such mortgage shall vest full rights and ownership to such mortgage and lien created thereby in such mortgagee, and an assignment or release of said mortgage by such mortgagee, whether followed by the words "trustee" or "as trustee" or "agent" or not, shall vest full and complete title and ownership in said mortgage in the assignee, or shall constitute a full and complete release of said mortgage, free from any claims of all persons or corporations. This act shall not apply to any suits now pending.
Laws 1953, p. 65, § 2.
2023 Oklahoma Statutes › Title 60. Property › §60-161. Property in which trustee may invest - Judgment and care required.

Unless otherwise authorized, directed or restricted by order of court or by the will, trust agreement, or other document which is the source of the trust, the trustee may invest trust funds in any property, real, personal or mixed, in which an individual may invest the individual's own funds. In making investments, the trustee shall comply with the provisions of the Oklahoma Uniform Prudent Investor Act. The provisions of this section shall not be construed to authorize a trustee to buy or sell property and investments from or to the trustee personally or to commingle trust funds with the individual funds of the trustee.
Added by Laws 1949, p. 412, § 1. Amended by Laws 1995, c. 351, § 20, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 60. Property › §60-164. Trust as furtherance of public function.

The uses and purposes of the said Oklahoma Ordinance Works Authority Trust are hereby declared to be in furtherance of a public function and purpose and vital to the public welfare of the people of Oklahoma, and all actions heretofore taken by said authority are hereby in all respects approved and ratified.
Added by Laws 1961, p. 730, § 1.
2023 Oklahoma Statutes › Title 60. Property › §60-165. Acquisition of property.

It is hereby declared to be the intention and desire of the State of Oklahoma that the Oklahoma Ordinance Works Authority, as an agency of the State of Oklahoma, continue its negotiations with the General Services Administration and complete the acquisition of said property for the use and benefit of the State of Oklahoma and its people.
Added by Laws 1961, p. 730, § 2.
2023 Oklahoma Statutes › Title 60. Property › §60-166. Appropriation.

It is hereby directed that the State Contingency and Emergency Fund Board allocate and pay over to the Oklahoma Ordinance Works Authority Trust the sum of One Thousand Dollars ($1,000.00) in aid of such acquisition, to be expended by said Oklahoma Ordinance Works Authority Trust for expenses necessarily incurred in the acquisition and operation of said property.
Laws 1961, p. 730, § 3.
2023 Oklahoma Statutes › Title 60. Property › §60-171. Trusts authorized - Powers of trustee.

Express trusts may be created in real or personal property or both, with power in the trustee, or a majority of the trustees, if there be more than one, to receive title to, hold, buy, sell, exchange, transfer and convey real and personal property for the use of such trust; to take, receive, invest or disburse the receipts, earnings, rents, profits or returns from the trust estate; to carry on and conduct any lawful business designated in the instrument of trust, generally to do any lawful act in relation to the trust property which any individual owning the same absolutely might do and to comply with the provisions of the Oklahoma Uniform Prudent Investor Act.
Added by Laws 1919, c. 16, p. 30, § 1. Amended by Laws 1988, c. 117, § 1, eff. Nov. 1, 1988; Laws 1989, c. 223, § 3, eff. Nov. 1, 1989; Laws 1995, c. 351, § 21, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 60. Property › §60-172. Express trust, how created - Duration - Specification of duration - Extension of term.

No such express trust shall be valid unless created first, by a written instrument subscribed by the grantor or grantors duly acknowledged, as conveyances of real estate are acknowledged, and recorded in the office of the county clerk of each county wherein is situated any real estate conveyed to such trustee, as well as in the county where the principal property is located or business conducted; or, second, by a will duly executed, as required by the law of the state. Such express trusts shall be limited in the duration thereof either to a definite period of not to exceed twenty-one (21) years, or to the period of the life or lives of the beneficiary or beneficiaries thereof in being at the time of the creation of the trust. The instrument creating the trust shall specify the period of duration thereof within the limitations herein provided. When such express trust has originally been created for a definite term of years by a writing other than a will, the time of the existence of such express trust may be extended for a period of not exceeding twenty-one (21) years at any one time, by a written instrument subscribed by all beneficiaries of such express trust, duly acknowledged as are conveyances of real estate, and recorded in the office of the county clerk of the county where is located the principal office of said trust, and in each county where is situated any real estate owned by such express trust. Provided the provisions of this section shall be applicable and limited to business trusts and shall have no application to personal trusts.
Added by Laws 1919, c. 16, p. 30, § 2, emerg. eff. March 22, 1919. Amended by Laws 1947, p. 364, § 1, emerg. eff. May 16, 1947; Laws 1949, p. 412, § 1.
2023 Oklahoma Statutes › Title 60. Property › §60-173. Succession of trustees.

Instruments creating express trusts may provide for succession to any trustee, in case of the death, resignation, removal, or incapacity of such trustee. In case of any such succession, the title to the trust property shall at once vest in the succeeding trustee.
Laws 1919, c. 16, p. 30, § 3.
2023 Oklahoma Statutes › Title 60. Property › §60-174. Liability of trustees and beneficiaries.

Liability to third persons for any act, omission, or obligation of a trustee or trustees of an express trust when acting in such capacity, shall extend to the whole of the trust estate held by such trustee or trustees, or so much thereof as may be necessary to discharge such liability, but no personal liability shall attach to the trustee or the beneficiaries of such trust for any such act, omission or liability.
Laws 1919, c. 16, p. 30, § 4.
2023 Oklahoma Statutes › Title 60. Property › §60-174.1. Private foundations - Governing instrument deemed to contain certain provisions - Amendment without judicial proceedings.

A. Notwithstanding any provision of Oklahoma law or in the governing instrument to the contrary, except as provided in subsection C hereof, the governing instrument of each trust which is a private foundation as described in Section 509 of the Federal Internal Revenue Code of 1954, including each nonexempt charitable trust described in Section 4947(a)(1) of the Code which is treated as a private foundation, and the governing instrument of each nonexempt split-interest trust as described in Section 4947(a)(2) of the Code, but only to the extent that Section 508(e) of the Code is applicable to such nonexempt split-interest trust under Section 4947(a)(2) of the Code, shall be deemed to contain the following provisions: "The trust shall make distributions at such time and in such manner as not to subject the trust to tax under Section 4942 of the Federal Internal Revenue Code; the trust shall not engage in any act of self-dealing which would subject it to tax under Section 4941 of the Code; the trust shall not retain any excess business holdings which would subject it to tax under Section 4943 of the Code; the trust shall not make any investments which would subject it to tax under Section 4944 of the Code; and the trust shall not make any taxable expenditures which would subject it to tax under Section 4945 of the Code." With respect to any such trust created prior to January 1, 1970, this subsection A shall apply only for its taxable years beginning on or after January 1, 1972.
B. The trustee of any trust described in subsection A hereof, with the consent of the trustor, if then living and competent to give consent, may, without judicial proceedings, amend the governing instrument to expressly include the provisions required by Section 508(e) of the Code by executing a written amendment to the trust and filing a duplicate original of such amendment with the Secretary of State of the State of Oklahoma.
C. The trustee of any trust described in subsection A hereof, with the consent of the trustor, if then living and competent to give consent, may, without judicial proceedings, amend such trust to expressly exclude the application of subsection A by executing a written amendment to the trust and filing a duplicate original of such amendment with the Secretary of State of the State of Oklahoma, and, upon the filing of such amendment, subsection A shall not apply to such trust.
D. All references in this section to the "Code" are to the Federal Internal Revenue Code of 1954, and all references in this section to specific sections of this Code include corresponding provisions of any subsequent federal tax laws.
Laws 1971, c. 303, § 1, emerg. eff. June 17, 1971.
2023 Oklahoma Statutes › Title 60. Property › §60-174.2. Articles of incorporation deemed to contain certain provisions - Amendment.

A. Notwithstanding any provisions of Oklahoma law or in the articles of incorporation to the contrary, except as provided in subsection B hereof, the articles of incorporation of each corporation which is a private foundation as described in Section 509 of the Federal Internal Revenue Code of 1954 shall be deemed to contain the following provisions: "The corporation shall make distributions at such time and in such manner as not to subject it to tax under Section 4942 of the Federal Internal Revenue Code; the corporation shall not engage in any act of self-dealing which would subject it to tax under Section 4941 of the Code; the corporation shall not retain any excess business holdings which would subject it to tax under Section 4943 of the Code; the corporation shall not make any investments which would subject it to tax under Section 4944 of the Code; and the corporation shall not make any taxable expenditures which would subject it to tax under Section 4945 of the Code." With respect to any such corporation organized prior to January 1, 1970, this subsection A shall apply only for its taxable years beginning on or after January 1, 1972.
B. The articles of incorporation of any corporation described in subsection A hereof may be amended to expressly exclude the application of subsection A, and, in the event of such amendment, subsection A shall not apply to such corporation.
C. All references in this section to the "Code" are to the Federal Internal Revenue Code of 1954, and all references in this section to specific sections of the Code include corresponding provisions of any subsequent federal tax laws.
Laws 1971, c. 303, § 2, emerg. eff. June 17, 1971.
2023 Oklahoma Statutes › Title 60. Property › §60-175. Trust for benefit of spouse revoked upon death of maker - Annulment or divorce - Exemptions.

A. If, after making an express trust, the trustor is divorced, all provisions in such express trust in favor of the trustor's former spouse, which are to take effect upon the death of the trustor, are thereby revoked. Annulment of the trustor's marriage shall have the same effect as a divorce. In the event of either divorce or annulment, the trustor's former spouse shall be treated for all purposes under the express trust, as having predeceased the trustor. For purposes of this section, "express trust" shall include a "Totten Trust" as described in Section 902 of Title 6 of the Oklahoma Statutes and shall not include a "business trust".
B. Subsection A of this section shall not apply:
1. If the decree of divorce or annulment is vacated;
2. If the trustor had remarried said former spouse and was married to said spouse at the time of the trustor's death;
3. If the decree of divorce or annulment contains a provision expressing an intention contrary to subsection A of this section;
4. If the trustor makes the express trust subsequent to the divorce or annulment;
5. To the extent, if any, the express trust contains a provision expressing an intention contrary to subsection A of this section; or
6. If prior to the death of the trustor and subsequent to the divorce or annulment, the trustor executes an amendment to said express trust which is not revoked or held invalid.
C. This section shall apply to any express trust, the trustor of which dies on or after November 1, 1987.
Added by Laws 1987, c. 201, § 3, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 60. Property › §60-175.4. Legal estate of person in possession and entitled to rents and profits.

Every person who, by virtue of any transfer or devise, is entitled to the actual possession of real property, and the receipts of the rents and profits thereof, is deemed to have a legal estate therein, of the same quality and duration, and subject to the same conditions as his beneficial interest.
Laws 1941, p. 251, § 4.
2023 Oklahoma Statutes › Title 60. Property › §60-175.5. Trustee's title, when not divested by preceding section.

The last preceding section does not divest the estate of any trustee in a trust heretofore existing, where the title of such trustee is not merely nominal, but is connected with some power of actual disposition or management in relation to the real property, which is the subject of the trust.
Laws 1941, p. 251, § 5.
2023 Oklahoma Statutes › Title 60. Property › §60-175.6. Manner of creating trust - Beneficiary as cotrustee.

A trust may be created by:
A. A declaration by the owner of property that he holds it as trustee for another person, or for himself and another person or persons; or
B. A transfer inter vivos by the owner of property to another person as trustee for the transferor or for a third person; or
C. A transfer by will by the owner of property to another person as trustee for a third person; or
D. An appointment by one person having a power of appointment to another person as trustee for the donee of the power or for a third person; or
E. A promise by one person to another person whose rights thereunder are to be held in trust for a third person; or
F. A beneficiary may be a cotrustee and the legal and equitable title to the trust estate shall not merge by reason thereof. Provided, however, that no trust in relation to real property shall be valid, unless created or declared:
1. By a written instrument subscribed by the trustor or by his agent thereto authorized by writing;
2. By the instrument under which the trustee claims the estate affected.
Laws 1941, p. 251, § 6.
2023 Oklahoma Statutes › Title 60. Property › §60-175.6a. Acquiring and holding real property in name of express trust - Transfer - Memorandum - Presumption for conveyance by trustee.

Any estate in real property may be acquired and held in the name of an express private trust which is a legal entity. Where real property is so acquired, any conveyance, assignment or other transfer shall be made in the name of such trust by the trustee or trustees of said trust. When real property is transferred or acquired in the name of the trust after the effective date of this act, the trustee shall file a memorandum of trust with the county clerk in which the real property is located. The memorandum of trust shall include the date of creation and the name of the trustee or trustees of the trust.
Any person or persons making such conveyances and executing instruments while purporting to be the trustee or trustees of such trusts shall be presumed to be acting in the capacity indicated and within the scope of their authority in any action to set aside such conveyance brought against a bona fide purchaser for value.
Added by Laws 1989, c. 223, § 1, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 60. Property › §60-175.6b. Time limit for challenges to validity of prior conveyances.

Any conveyance made and filed of record prior to the effective date of this act placing real property or any interest therein in a trust naming the trust itself as the grantee shall be valid for all purposes unless any person claiming adversely to such trust or to its successors shall file an affidavit setting forth the basis of such in the office of the county clerk of the county or counties wherein said property is located within one (1) year from the effective date of this act.
Added by Laws 1989, c. 223, § 2, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 60. Property › §60-175.7. Rights of transferee of trust property for value and without notice.

If the trustee in breach of trust transfers trust property to, or creates a legal interest in the subject matter of the trust in, a person who takes for value and without notice of breach of the trust, actual or constructive under the recording act, and who is not knowingly taking part in an illegal transaction, the latter holds the interest so transferred or created free of the trust and is under no liability to the beneficiary.
Laws 1941, p. 251, § 7.