Oklahoma § 1-36 - Rights and responsibilities of abstractors

§ 1-36. Rights and responsibilities of abstractors

A. Any person, firm, corporation, or other entity holding a

valid abstract license or permit, or any abstract licensee

affiliated with such person, firm, corporation, or other entity,

shall:

1. Have free access to the instruments of record affecting real

property filed in any city, county, or state office;

2. Be permitted to make such memoranda, notations, or copies of

such instruments of record;

3. Occupy reasonable space with equipment for that purpose

during the business hours of such office;

4. Make and prepare abstracts; and

5. Compile, post, copy, and maintain his or her books, records,

and indexes.

B. The records in any city, county, or state office shall not

be taken from the office to which they belong, for any reason,

except that records may be taken from the office of the district

court clerk by an abstractor who is doing business within that

county and has an approved bond on file with the county clerk for a

period of time not to exceed twenty-four (24) hours after first

giving proper receipt to the appropriate clerk or deputy.

C. An abstractor shall have the right of access to any

instrument filed of record in a county office, not later than the

Oklahoma Statutes - Title 1. Abstracting

close of business of the first business day following the day of

filing. There shall be no fee charged for providing access to the

instrument.

D. For purposes of this section, “access” means possession of

said instrument to mechanically or electronically reproduce it,

either in the office or out of the office of filing, at the

discretion of the county officer having custody of the instrument,

which reproduction shall be completed not later than the close of

business of the first business day following the day of receipt of

the document. Provided if the abstractor fails to return the files

within the twenty-four-hour period, the county officer in his or her

discretion may refuse to allow the abstractor to remove said files

at a later date. Any county officer making such refusal shall send

written notice of such action to the Oklahoma Abstractors Board.

E. Access to instruments of record shall be for immediate and

lawful abstracting purposes only. The sale of the instruments of

record for profit to the public either on the Internet or any other

such forum by any company holding a permit to build an abstract

plant is prohibited, and a violation of this subsection shall be

considered a violation of the Oklahoma Abstractors Law.

F. All certificates of authority or permit holders and abstract

licensees shall be subject to the same obligation to protect and

preserve the public records to which they have access as do the

public officers who have legal custody of such records. Holders of

certificates of authority or permits and abstract licensees shall be

subject to the same penalties for a violation of such duty as said

officers.

G. Reliance solely on the county indexes in the preparation of

an abstract of title shall be prohibited and subject to the

penalties established in subsection B of Section 35 of this title

and shall not be a defense of liability for an error or omission in

an abstract of title.

Added by Laws 1984, c. 163, § 14, eff. Nov. 1, 1984. Amended by

Laws 2007, c. 359, § 17, eff. Jan. 1, 2008. Renumbered from Title

74, § 227.23 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008. Amended

by Laws 2008, c. 84, § 1, eff. Nov. 1, 2008; Laws 2024, c. 348, § 4.