0 chapters · 107 sections in this title.
16 O.S. § 1 Persons who may convey - Married persons - Legal entities
1.3K chars
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 legall…
16 O.S. § 10 Order of sale to be entered of record
0.5K chars
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 pr…
16 O.S. § 11 Estoppel by receiving benefits
0.5K chars
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 …
16 O.S. § 11A Constructive mortgage - Exemptions
1.2K chars
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 instrum…
16 O.S. § 12 Officers' deeds recorded
0.3K chars
Deeds executed by any sheriff or other officer, for real estate sold under execution, order of sale, or pursuant to any order or decree of court, shall be executed, acknowledged and recorded in the manner and with like effect as other deeds. R.L.1910, § 1151.
16 O.S. § 13 Conveyance of separate property
1.0K chars
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 o…
16 O.S. § 14 Terms defined
0.4K chars
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" unl…
16 O.S. § 15 Necessity of acknowledgment and recording - Condition for
0.9K chars
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, l…
16 O.S. § 16 Instruments filed for record as constructive notice
0.3K chars
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.…
16 O.S. § 16.1 Filing of special improvement district assessment in
1.3K chars
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 co…
16 O.S. § 17 After-acquired title
0.3K chars
All rights of a mortgagor or grantor in and to the premises described in the instrument and existing at the time or subsequently accruing, shall accrue to the benefit of the mortgagee or grantee, and be covered by his mortgage or conveyed by his deed, as the case may be. R.L.1910…
16 O.S. § 18 Quitclaim conveys what
0.2K chars
A quitclaim deed, made in substantial compliance with the provisions of this chapter, shall convey all the right, title and interest of the maker thereof in and to the premises therein described. R.L.1910, § 1161.
16 O.S. § 19 Warranty deed conveys what - Implied terms
0.8K chars
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 makin…
16 O.S. § 2 Witness not necessary
0.2K chars
No subscribing witness shall be necessary to the validity of any deed, mortgage, contract, lease, bond, or other instrument conveying, affecting or relating to real estate. R.L.1910, § 1141.
16 O.S. § 20 Power of attorney - Execution - Recording
1.2K chars
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 …
16 O.S. § 201 Citation
0.1K chars
This act may be cited as the Uniform Vendor and Purchaser Risk Act. Added by Laws 1965, c. 92, § 1.
16 O.S. § 202 Rights and duties of parties
1.0K chars
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…
16 O.S. § 203 Uniform law
0.1K chars
This act shall be so interpreted as to effectuate its purpose to make uniform the law of those states which enact it. Laws 1965, c. 92, § 3.
16 O.S. § 21 Revocation of power of attorney
0.4K chars
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 s…
16 O.S. § 22 Judgment for recovery of land - When effective against
0.4K chars
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…
16 O.S. § 23 Notice of suit to grantor
0.6K chars
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…
16 O.S. § 24 Defense by warrantor - Recovery by warrantee
0.6K chars
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…
16 O.S. § 25 Failure to defend - Recovery
0.3K chars
If a warrantor or other person bound by a warranty shall fail to appear and defend after due notice as above provided the warrantee may defend the action and recover in a separate suit all sums expended the same as he might do in the same suit, as provided in this act. R.L.1910, …
16 O.S. § 26 Acknowledgment before recording
0.3K chars
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 …
16 O.S. § 27a Instruments recorded for five (5) years valid
2.2K chars
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 represent…
16 O.S. § 28 Instruments to be printed or handwritten in English –
0.7K chars
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 …
16 O.S. § 29 Fee simple - Exception
0.2K chars
Every estate in land which shall be granted, conveyed or demised by deed or will shall be deemed an estate in fee simple and of inheritance, unless limited by express words. R.L.1910, § 1175.
16 O.S. § 3 Attorney-in-fact
0.1K chars
Any instrument affecting real estate may be made by an attorney- in-fact, duly appointed and empowered as hereinafter provided. R.L.1910, § 1175.
16 O.S. § 30 Will recorded
0.3K chars
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 acknowled…
16 O.S. § 301 Short title — Prohibition of Unfair Service Agreements
0.2K chars
Act. This act shall be known and may be cited as the "Prohibition of Unfair Service Agreements Act". Added by Laws 2024, c. 148, § 1, eff. Nov. 1, 2024.
16 O.S. § 302 Definitions
0.8K chars
As used in this act: 1. "Person" means a natural person, partnership, association, cooperative, corporation, trust, or other legal entity; 2. "Recording" means presenting a document to the county clerk's office for official placement in the public land records; 3. "Residential re…
16 O.S. § 303 Qualifications — Application
1.5K chars
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 character…
16 O.S. § 304 Unenforceable if deemed unfair
0.1K chars
If a service agreement is deemed unfair under this act it is unenforceable. Added by Laws 2024, c. 148, § 4, eff. Nov. 1, 2024.
16 O.S. § 305 Recording prohibited
0.6K chars
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…
16 O.S. § 306 Court order to declare recorded agreements unenforceable
0.4K chars
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 declar…
16 O.S. § 307 Damages
0.4K chars
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 provide…
16 O.S. § 31 Judgment recorded
0.3K chars
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 …
16 O.S. § 311 Notice of fraudulent conveyance
2.3K chars
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 pe…
16 O.S. § 32 Minor may hold real estate - Estates to commence in future
0.2K chars
A minor may take and hold title to real estate, and an estate of freehold or inheritance may be made to commence in the future by express provisions of the deed, and without at the same time creating any intervening estate. R.L.1910, § 1178.
16 O.S. § 33 Form of acknowledgment
0.7K chars
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 st…
16 O.S. § 34 Execution by mark
0.8K chars
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 thei…
16 O.S. § 35 Acknowledgment to be under seal - Before whom taken
1.2K chars
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…
16 O.S. § 36 Legalizing acknowledgments heretofore taken
0.5K chars
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 mad…
16 O.S. § 37 Foreign acknowledgments legalized
0.6K chars
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 o…
16 O.S. § 37a Foreign acknowledgments validated
0.7K chars
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, …
16 O.S. § 37b Foreign execution and acknowledgments validated -
1.1K chars
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 ac…
16 O.S. § 38 Acknowledgments before deputy clerk of district court
0.4K chars
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 eff…
16 O.S. § 39 Justice of the Peace - Acknowledgments validated
0.6K chars
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, suc…
16 O.S. § 39a Record of deeds, mortgages, etc., where acknowledgment
1.1K chars
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 i…
16 O.S. § 4 Necessity of writing and signing - Veterans' loans -
2.4K chars
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.…