sec. 30.14 Federal Court Proceedings
Chapter 30. Marketable Record Title Act
Rule Text
(A) Pre-1958: For lands under examination which are located in any of the counties located in the multicounty jurisdiction of a federal district court, there must be a federal district court certificate covering from inception of title (i.e., Sovereignty) to August 19, 1958 .
(B) 1958-1977: For lands under examination which are located in the same county where the federal district court is located, there must be a federal district court certificate covering from August 20, 1958 to September 30, 1977 .
(C) Post-1977: For any lands under examination, there is no need for a separate federal district court certification for the period after September 30, 1977 .
Comment: Although the 30-year Marketable Record Title Act (16 O.S. (16 O.S. §§ 71 to 79) may eliminate the impact of some of the matters in the federal district court arising in the earlier period of time (i.e., pre-1977), the express exceptions to the extinguishing effect of the MRTA (e.g., “easements,” and “any right, title or interest of the United States by reason of failure to file the notice herein required”) cause such matters to continue to impact the title in the present.
Authority: 12 O.S. § 2004.2; (A); 16 O.S. § 76(A); 28 U.S.C.A. § 1964; Guaranty State Bank of Okmulgee v. Pratt, 1919 OK 120, 180 P. 376; Orton v. Citizens State Bank, 1929 OK 332, 291 P. 15; Bowman v. Bowman, 1949 OK 70, 206 Pl2d 582; Hart v. Paroh, 1961 OK 45, 359 P.2d 1074; Mobbs v. City of Lehigh, 1982 OK 149, 655 P.2d 547; McClaskey v. Barr, 48 F. 130, 7 Ohio F. Dec. 55, (November 10, 1891); Stewart v. Wheeling & Lake Erie Ry., 53 Ohio St. 151, 41 N.E. 247 (1895); City of Mankato v. Barber Asphalt Paving Co., 142 F. 329 (Eighth Cir. 1905); United States v. Calcasieu Timber Co., 236 F. 106 (5 th Cir. 1916); Wilkin v. Shell Oil Company, 197 F. 2d 42 (10 th Cir. 1951); Tilton v. Cofield, 93 J.S. 163 (1896); erie R.R. v. Thompkins, 304 U.S. 64 (1938); Astle, Dale L., 32 Oklahoma Law Review 812 (1979), “An Analysis of the Evolution of Oklahoma Real Property Law Relating to Lis Pendens and Judgment Liens.”
Amendment history: /P> The 2000 Title Examination Standards Committee recommended adopting this Standard to evidence the fact that the constructive notice aspects of federal court matters are the same for all counties in Oklahoma. 71 O.B.J. 2629 (10/14/00). The Real Property Law Section approved the Committee's proposal on November 16, 2000 and the House of Delegates adopted the standard on November 17, 2000. 71 O.B.J. 3136 (12/9/00). The 2013 Title Examination Standards Committee report recommended this standard be amended to reflect what an examiner needs to have included in the abstract to be able to render an accurate opinion on the status of title 83 O.B.J. 2211. The Real Property Law Section approved the committee’s recommendation on November 15, 2013 , and the recommendation was approved by the House of Delegates on November 16, 2013 . The 2015 Title Examination Standards Sub-Committee proposed an amendment to the Comment of Standard No. 30.14 to accurately reflect the operation that the Market Record Title Act may have on certain interests. The Real Property Section approved the proposal on November 5, 2015 and the House of Delegates adopted the amendment on November 6, 2015. ( superseded document available )