Oklahoma § 16-76 - Exceptions to application of act - Stray instruments - Root

§ 16-76. Exceptions to application of act - Stray instruments - Root

of title - Severed mineral interests.

A. Sections 71 through 80 of this title shall not be applied to

bar any lessor or his successor as a reversioner of his right to

possession on the expiration of any lease; or to bar or extinguish

any mineral or royalty interest which has been severed from the fee

simple title of the land; or to bar or extinguish any easement or

interest in the nature of an easement, or any rights granted,

reserved or excepted by any instrument creating such easement or

interest; or use restrictions or area agreements which are part of a

plan for subdivision development or to bar any right, title or

interest of the United States by reason of failure to file the

notice herein required.

B. As used in this section, "stray instrument" means an

instrument executed by a person or entity, or a decree of

distribution entered in the estate of a decedent, who or which does

not otherwise appear in the chain of record title to a tract of real

property. A stray instrument shall not create a root of title

pursuant to Sections 71 through 80 of this title if the following

conditions exist:

1. There is apparent from the record an otherwise valid,

uninterrupted chain of record title traceable to an instrument which

is a root of title as defined by Sections 71 through 80 of this

title; and

Oklahoma Statutes - Title 16. Conveyances

2. A current owner of the property under the chain of title

referred to in paragraph 1 of this subsection records an affidavit

that alleges that the current owner or owners are in possession of

the property and that the parties claiming under the stray

instrument own no interest in the property. If there are multiple

owners, any one or more of the owners may execute the affidavit on

behalf of all owners.

C. An instrument executed by a person or entity, or a decree of

distribution entered in the estate of a decedent who or which does

not otherwise appear in the chain of record title to a tract of real

property, except as an owner of a severed mineral interest therein,

shall not create a root of title pursuant to Sections 71 through 80

of this title.

D. As used in this section "severed mineral interest" includes

mineral leasehold interests or working interests, mineral royalty

interests and overriding royalty interests, and ownership of

minerals without any ownership interest in the surface estate other

than the rights of ingress and egress and for use of the surface for

mineral development and exploration.

E. This section shall not apply to the interest of any person

or entity who or which claims a valid interest under any such stray

instrument as defined herein and who shall, no later than November

1, 1996, file with the county clerk of the county where the land or

interest is located, a notice of such claim, setting forth the basis

thereof, and specifically referring to this section.

Added by Laws 1963, c. 31, § 6. Amended by Laws 1995, c. 232, § 4,

eff. Nov. 1, 1995.