Oklahoma § 16-53
Full text of Oklahoma Oklahoma Statutes § 16-53, with citation guidance and answers to common questions.
§ 16-53.
Recorded signed documents - Rebuttable presumptions.
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 person executing the document and the person on whose
behalf it is executed are the persons they are purported to be and
the person executing it was neither incompetent nor a minor at any
relevant time;
3. Delivery occurred notwithstanding a lapse of time between
dates on the document and the date of recording;
4. Any necessary consideration was given;
5. The grantee, transferee, or beneficiary of an interest
created or claimed by the document acted in good faith at all
relevant times up to and including the time of the recording;
6. A person purporting to act as an attorney-in-fact pursuant
to a recorded power of attorney held the position he purported to
hold and acted within the scope of his authority. It shall also be
presumed that the principal was alive and was neither incompetent
nor a minor at any relevant time;
7. A person purporting to act as:
a.
one of the officers listed in Section 93 of Title 16
of the Oklahoma Statutes on behalf of a corporation,
b.
a partner of a general partnership,
c.
a general partner of a limited partnership,
Oklahoma Statutes - Title 16. Conveyances
d.
e.
f.
a manager of a limited liability company,
a trustee of a trust,
any officer or member of the board of trustees of a
religious corporation,
g.
a court-appointed trustee, receiver, personal
representative, guardian, conservator, or other
fiduciary, or
h.
an officer or member of any other entity,
held the position he purported to hold, acted within the scope of
his authority (unless limitations of authority were previously filed
of record and indexed against the property in question), and the
authorization satisfied all requirements of law;
8. All entities that are parties to the document are in good
standing in their jurisdiction of organization;
9. If the document purports to be executed pursuant to or to be
a final determination in a judicial or administrative proceeding, or
to be executed pursuant to a power of eminent domain, the court,
official body, or condemnor was acting within its jurisdiction and
all steps required for the execution of the title document were
taken;
10. Recitals and other statements of fact in a conveyance are
true if the matter stated was relevant to the purpose of the
document;
11. Persons named in, signing, or acknowledging the document
and persons named in, signing, or acknowledging another related
document in a chain of title are identical, if the persons appear in
those conveyances under identical names, or under variants thereof,
including inclusion, exclusion, or use of:
a.
commonly recognized abbreviations, contractions,
initials, or colloquial or other equivalents,
b.
first or middle names or initials,
c.
simple transpositions that produce substantially
similar pronunciations,
d.
articles or prepositions in names or titles,
e.
descriptions of entities as corporations, companies or
abbreviations or contractions of either, or
f.
name suffixes, such as Senior or Junior, unless other
information appears of record indicating that they are
different persons; and
12. All other requirements for its execution, delivery, and
validity have been satisfied.
B. The presumptions stated in subsection A of this section
arise even if the document purports only to release a claim or
convey any right, title, or interest of the person executing it or
the person on whose behalf it is executed.
C. If presumptions created by subsection A of this section are
inconsistent, the presumption applies that is founded upon weightier
Oklahoma Statutes - Title 16. Conveyances
considerations of policy. If considerations of policy are of equal
weight, neither presumption applies.
Added by Laws 1994, c. 238, § 2, eff. Sept. 1, 1994.
Frequently Asked Questions About Oklahoma § 16-53
What does Oklahoma Statutes § 16-53 cover?
Section 16-53 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 § 16-53?
A common citation format is "Oklahoma Statutes § 16-53" (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 § 16-53 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.