Oklahoma § 16-26 - Acknowledgment before recording
Full text of Oklahoma Oklahoma Statutes § 16-26 — Acknowledgment before recording, with citation guidance and answers to common questions.
§ 16-26. Acknowledgment before recording
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 for any purpose.
R.L.1910, § 1169.
§16-27a. Instruments recorded for five (5) years valid
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 representative of a
legal entity;
2. The representative is not authorized to execute the
instrument on behalf of the legal entity;
3. A power of attorney has not been filed of record for an
attorney in fact executing the instrument;
4. The seal of the legal entity has not been impressed on such
instrument or the record does not show such seal;
5. The instrument is not acknowledged;
6. A deed or conveyance does not bear endorsement of approval
by the appropriate governmental planning authority having
jurisdiction; or
7. Any defect in the execution, acknowledgment, recording or
certificate of recording the same,
such instrument shall, from and after the expiration of five (5)
years from the filing thereof for record, be valid as though such
instrument had, in the first instance, been in all respects duly
executed, acknowledged, approved by the appropriate planning
authority having jurisdiction, and certified. Such instrument or
the record thereof or a duly-authenticated copy thereof shall be
competent evidence without requiring the original to be produced or
accounted for to the same extent that written instruments, duly
executed and acknowledged, or the record thereof, are competent.
However, nothing herein contained shall be construed to affect any
Oklahoma Statutes - Title 16. Conveyances
rights acquired by grantees, assignees or encumbrancers subsequent
to the filing of such instrument for record and prior to the
expiration of five (5) years from the filing of such instrument for
record.
B. This section shall apply to instruments recorded before or
after November 1, 1995. However, with respect to those recorded
before such date, the five-year period specified above shall not
expire until one (1) year after the effective date of this act.
Added by Laws 1941, p. 56, § 1. Amended by Laws 1947, p. 81, § 1;
Laws 1988, c. 168, § 1, eff. Nov. 1, 1988; Laws 1995, c. 232, § 3,
eff. Nov. 1, 1995.
Frequently Asked Questions About Oklahoma § 16-26
What does Oklahoma Statutes § 16-26 cover?
Section 16-26 ("Acknowledgment before recording") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 16-26?
A common citation format is "Oklahoma Statutes § 16-26" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 16-26 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.