Title 16 — Title 16 — Conveyances
0 chapters · 107 sections in this title.
16 O.S. § 40 Form of warranty deed
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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, se…
16 O.S. § 401 Short title - Oklahoma Uniform Unlawful Restrictions in
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Land Records Act. This act shall be known and may be cited as the "Oklahoma Uniform Unlawful Restrictions in Land Records Act". Added by Laws 2025, c. 28, § 1, eff. Nov. 1, 2025.
16 O.S. § 402 Definitions
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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 r…
16 O.S. § 403 Removal of unlawful restriction by property owner
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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…
16 O.S. § 404 Removal of unlawful restriction by owners association
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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 sufficie…
16 O.S. § 405 Amendment requirements
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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 docume…
16 O.S. § 406 Amendment form
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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 …
16 O.S. § 407 Recording by county clerk
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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. Added by Laws 20…
16 O.S. § 408 Relation to Electronic Signatures in Global and National
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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 n…
16 O.S. § 41 Form of quitclaim deed
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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 w…
16 O.S. § 42 Form of sheriff's deed
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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 …
16 O.S. § 43 Recording of instruments and judgments affecting real
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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 …
16 O.S. § 5 Validation of conveyances
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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. …
16 O.S. § 51 Repealed by Laws 1994, c. 238, § 6, eff. Sept. 1, 1994
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16 O.S. § 51 Repealed by Laws 1994, c. 238, § 6, eff. Sept. 1, 1994
16 O.S. § 52 Repealed by Laws 1994, c. 238, § 6, eff. Sept. 1, 1994
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16 O.S. § 52 Repealed by Laws 1994, c. 238, § 6, eff. Sept. 1, 1994
16 O.S. § 53 Recorded signed documents - Rebuttable presumptions
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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 …
16 O.S. § 54 Discriminatory restrictive covenants — Filling declaration
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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 perso…
16 O.S. § 55 Recording declaration to remove discriminatory restrictive
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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 re…
16 O.S. § 6 When husband or wife may convey homestead
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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…
16 O.S. § 61 Definitions
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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 …
16 O.S. § 62 Purchasers for value of real estate - Reliance upon status
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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 …
16 O.S. § 63 Notice of claim
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(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 record…
16 O.S. § 66 Purpose
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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 an…
16 O.S. § 67 Claim and purchase of severed mineral interest through
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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 …
16 O.S. § 68 Abolition of doctrine of constructive possession
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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 extingui…
16 O.S. § 7 Husband or wife of incapacitated spouse may sell, convey
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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,…
16 O.S. § 71 Marketable record title defined
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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 o…
16 O.S. § 72 Title subject to certain interests and defects
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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…
16 O.S. § 73 Claims prior to date of root title as null and void
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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, e…
16 O.S. § 74 Filing of notice of claim - Disability or lack of knowledge
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- 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 perso…
16 O.S. § 75 Contents and recording of notice - Sham legal process
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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 …
16 O.S. § 76 Exceptions to application of act - Stray instruments - Root
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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…
16 O.S. § 77 Operation of statutes of limitations or recording statutes
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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 gover…
16 O.S. § 78 Definitions
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(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 pro…
16 O.S. § 79 Penalties for filing slanderous notices of claims - Quiet
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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 …
16 O.S. § 8 Verified petition to be filed
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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…
16 O.S. § 80 Construction
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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…
16 O.S. § 82 Recording of affidavit - Rebuttable presumption
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An affidavit covering matters named in Section 83 of this title may be recorded in the office of the county clerk in the county in which the real property is situated. There shall be a rebuttable presumption that facts stated in a recorded affidavit are true as they relate to rea…
16 O.S. § 83 Matters to which affidavit may relate
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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…
16 O.S. § 84 Description of land - Recording fee - Indexing
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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 …
16 O.S. § 85 False statements - Penalties
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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. …
16 O.S. § 86.1 Short title
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SHORT TITLE. Sections 1 through 7 of this act shall be known and may be cited as the “Uniform Real Property Electronic Recording Act”. Added by Laws 2008, c. 295, § 1, eff. Nov. 1, 2008.
16 O.S. § 86.2 Definitions
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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 …
16 O.S. § 86.3 Validity of electronic documents
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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 …
16 O.S. § 86.4 Recording of documents
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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 establ…
16 O.S. § 86.5 Administration and standards
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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 recor…
16 O.S. § 86.6 Uniformity of application and construction
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UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing the Uniform Real Property Electronic Recording Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 2008, c…
16 O.S. § 86.7 Relation to Electronic Signatures in Global and National
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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 doe…
16 O.S. § 87 Recordation of electronic documents in tangible form
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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 i…
16 O.S. § 9 Copy of petition to be served
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At least thirty (30) days before the hearing of the petition, the applicant or his attorney shall serve a copy of the petition upon the nearest competent relative of the incapacitated spouse in this state. If there is no such relative known to the applicant, a copy of the petitio…