{"data":{"id":"us-ok/okla.-stat.-tit.-16-16-62","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 16, § 16-62","heading":"Purchasers for value of real estate - Reliance upon status","body":"of title as reflected by county records and by decrees and\n\njudgements of courts.\n\n(a) Any purchaser for value acquiring an interest in real estate\n\nfrom one who claims such interest, immediately or remotely, under a\n\nconveyance of record for ten (10) or more years in the records of\n\nthe county wherein the land is located prior to such purchase shall\n\nacquire a valid and marketable title to such interest as against any\n\nperson claiming adversely to such recorded conveyance for any of the\n\nfollowing reasons: (1) that such conveyance was executed by an\n\nincompetent person, unless the county court records in the county\n\nwherein the land is located, or the county records therein, reflect\n\nthe appointment of a guardian prior to said deed, or a judicial\n\ndetermination of the incompetency of the grantor, in which event\n\nSections 61 through 66 of this title shall not apply, (2) that such\n\nconveyance was executed by a corporation to an officer thereof,\n\nwhich fact may or may not appear on the face of the deed, without\n\nproper authority therefor being had by the officers executing said\n\nconveyance, (3) that such conveyance was executed by an attorney in\n\nfact under a recorded power of attorney which power had terminated\n\nby reason of matters not affirmatively shown in the county records,\n\nor (4) that such conveyance was never delivered; Provided, however,\n\nthis section shall not apply as against such person claiming\n\nadversely to any such conveyance for any of the foregoing reasons if\n\nprior to such purchase, or within one (1) year from October 27,\n\n1961, the effective date of Sections 61 through 66 of this title, or\n\nfrom the effective date of Section 62, as amended, of this title,\n\nwhichever later occurs, such person shall have filed of record in\n\nthe county wherein the land is located a notice setting forth his\n\nclaim and the basis thereof; and provided, further, that this\n\nsection shall not apply as against any person in possession of the\n\nland either by occupancy or by occupancy of a tenant at the time\n\nsuch purchaser acquires his interest.\n\n(b) Any purchaser for value acquiring an interest in real estate\n\nfrom one who claims such interest, immediately or remotely, by or\n\nthrough a conveyance from one purporting therein to be a guardian,\n\nexecutor, or administrator, which conveyance has been of record for\n\nten (10) or more years in the county wherein said land is located\n\nprior to such purchase, and which conveyance either has the approval\n\nof the court endorsed upon it, or has been confirmed by an order of\n\nthe court, shall acquire a valid and marketable title to such\n\ninterest to the full extent that such conveyance purports to convey\n\nthe same as against any of the following persons: (1) any ward or\n\nwards named in said conveyance, his or their heirs, devisees,\n\nrepresentatives, successors, or assigns, (2) the State of Oklahoma\n\nor any other person claiming under the estate of any decedent named\n\nin said conveyance, the heirs, devisees, or representatives of such\n\ndecedent, their successors, or assigns, or any creditors of said\n\ndecedent; Provided, however, that this section shall not apply to\n\nany person mentioned in (1) or (2) above who for any reason claims\n\nadversely to such conveyance, or contends that such conveyance did\n\nnot divest him of his interest as purported by such conveyance if\n\nprior to such purchase, or within one (1) year from October 27,\n\n1961, the effective date of Sections 61 through 66 of this title, or\n\nfrom the effective date of Section 62, as amended, of this title,\n\nwhichever is the later, such person shall file of record in the\n\ncounty wherein the land is located a notice setting forth his claim\n\nand the basis thereof; Provided, further, this section shall not\n\napply as against any person in possession of the land, by occupancy\n\nor by occupancy of a tenant, at the time such purchaser acquires his\nhis title,\n\nwhichever is the later, such person shall file of record in the\n\ncounty wherein the land is located a notice setting forth his claim\n\nand the basis thereof; Provided, further, this section shall not\n\napply as against any person in possession of the land, by occupancy\n\nor by occupancy of a tenant, at the time such purchaser acquires his\n\ninterest.\n\n(c) Any purchaser for value acquiring an interest in real estate\n\nfrom one who claims such interest, immediately or remotely, by or\n\nthrough (1) any decree of distribution or of partition in a\n\ndecedent's estate entered by and of record in a court of the county\n\nwherein the land is located for a period of ten (10) years prior to\n\nsuch purchase, or (2) any such decree entered by a court for any\n\ncounty in this state which decree has been of record in the county\n\nwherein the decree was entered or in the deed records of any county\n\nor counties in which any part of the land or lands is located for a\n\nperiod of ten (10) years prior to such purchase, shall acquire a\n\nvalid and marketable title to such interest as against any claim or\n\ninterest of the estate of said decedent or any heir or devisee, his\n\nsuccessors or assigns, of said decedent or any creditors of said\n\ndecedent; Provided, however, this section shall not apply if prior\n\nto such purchase, or within one (1) year from October 27, 1961, the\n\neffective date of Sections 61 through 66 of this title, or from the\n\neffective date of Section 62, as amended, of this title, whichever\n\nlater occurs, such heirs, devisee, or representative of such estate\n\nfiles of record in the county wherein the land is located a notice\n\nsetting forth the nature of his claim; Provided, further, this\n\nsection shall not apply as against any person claiming adversely to\n\nsuch decree who is in possession of the land by occupancy or by\n\noccupancy of a tenant, at the time said purchaser acquires his\n\ninterest.\n\n(d) Any purchaser for value acquiring an interest in real estate\n\nfrom one who claims such interest, immediately or remotely, by or\n\nthrough any of the following muniments: (1) a sheriff's or\n\nmarshal's deed executed pursuant to an order of a court having\n\njurisdiction over the land affected confirming a judicial sale or\n\ndirecting the issuance of such deed, (2) any final judgment of a\n\ncourt having jurisdiction over the land affected determining and\n\nadjudicating the ownership of such land or any interest therein or\n\npartitioning same, (3) any conveyance by a receiver executed\n\npursuant to an order of any court having jurisdiction and directing\n\nissuance thereof or directing a sale of such land or any interest\n\ntherein, (4) any conveyance executed by a trustee or purported\n\ntrustee referring to a trust agreement or referring to named\n\nbeneficiaries or otherwise indicating the existence of an express\n\ntrust where the trust agreement has not been recorded in the county\n\nwhere the land is situated, (5) a purported certificate tax deed or\n\nresale tax deed executed by the county treasurer of the county\n\nwherein the land is located; which muniment, if a conveyance has\n\nbeen of record in the county wherein the land is situated for a\n\nperiod of ten (10) years prior to such purchase, or, if a judgment\n\nhas been entered for a period of ten (10) years prior to such\n\npurchase and, where such judgment is entered by a court outside the\n\ncounty where the land affected is located, has been recorded in the\n\nrecords of the court clerk or county clerk of the county in which\n\nsuch land is located, shall acquire a valid and marketable title to\n\nsuch interest as against the claims of the following: (A) any\n\nperson or the heirs, devisees, personal representatives, successors\n\nor assigns of such person who was named as a defendant in the\n\njudgment preceding the sheriff's or marshal's deed referred to in\nhe\n\nrecords of the court clerk or county clerk of the county in which\n\nsuch land is located, shall acquire a valid and marketable title to\n\nsuch interest as against the claims of the following: (A) any\n\nperson or the heirs, devisees, personal representatives, successors\n\nor assigns of such person who was named as a defendant in the\n\njudgment preceding the sheriff's or marshal's deed referred to in\n\nsubparagraph (1) above and whose rights or claims were not preserved\n\nby the terms of such judgment and who claims an interest by reason\n\nof any defect, jurisdictional or otherwise, in the proceedings\n\nresulting in such judgment, (B) any person or the heirs, devisees,\n\npersonal representatives, successors or assigns of such person who\n\nwas named as a defendant in the judgment referred to under\n\nsubparagraph (2) above and whose rights or claims were not preserved\n\nby the terms of such judgment and who claims an interest by reason\n\nof any defect, jurisdictional or otherwise, in the proceedings\n\nresulting in such judgment, (C) any person or the heirs, devisees,\n\npersonal representatives, successors or assigns of such person who\n\nwas named as a defendant or owner or party in interest in the\n\nproceedings referred to in subparagraph (3) above, (D) any person or\n\nthe heirs, devisees, personal representatives, successors or assigns\n\nof such person who claims as a settlor, trustee or beneficiary or\n\nby, through or under such settlor, trustee or beneficiary of the\n\ntrust referred to in subparagraph (4) above, (E) any and all owners\n\nor claimants of such land or interest therein whose ownership or\n\nclaim originated prior to such deeds as are referred to in\n\nsubparagraph (5) above and the heirs, devisees, personal\n\nrepresentatives, successors or assigns of such owners or claimants;\n\nProvided, however, this section shall not apply as against any such\n\nperson claiming adversely to such muniments set forth hereinabove if\n\nprior to such purchase, or within one (1) year from October 27,\n\n1961, the effective date of Sections 61 through 66 of this title, or\n\nfrom the effective date of Section 62, as amended, of this title,\n\nwhichever later occurs, such person shall have filed of record in\n\nthe records of the county wherein the land is located a notice\n\nsetting forth his claim and the basis thereof; Provided, further,\n\nthat this section shall not apply against any person claiming\n\nadversely to such muniment who is in possession of the land by\n\noccupancy or by occupancy of a tenant at the time said purchaser for\n\nvalue acquires his interest. The State of Oklahoma and its\n\npolitical subdivisions or a public service corporation or\n\ntransmission company which has facilities of service installed on,\n\nover, across or under any part of the land shall, to that extent, be\n\ndeemed to be in possession thereof for purposes of the foregoing\n\nprovision.","path":["OK Code","Title 16"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os16.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d4c52fbe977c0862002f35d5b01fa3ddabfb72587e2bb6b3460818171da72ea7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-16-16-61","next":"us-ok/okla.-stat.-tit.-16-16-63"},"notice":"GroundRules: Original legal text. Not legal advice."}