Title Examination Standards
Chapter 1, App.
Chapter 30. Marketable Record Title Act
§30.1. Remedial Effect.

The Marketable Record Title Act is remedial in character and should be relied upon as a cure or remedy for such imperfections of title as fall within its scope.

Authority: Marketable Record Title Act, 16 O.S. §§ 71-80; L. Simes & C. Taylor, Model Title Standards, Standard 4.1 at 24 (1960); P. Basye, Clearing Land Titles §§ 186 & 574 (2d ed. 1970); R. & C. Patton & J. Palomar, Patton & Palomar on Land Titles § 563 (3d ed. 2002); L. Simes & C. Taylor, The Improvement of Conveyancing by Legislation 253 (1960); L. Simes, The Improvement of Conveyancing: Recent Developments, 34 O.B.A.J. 2357 (1963); "Comment," Oklahoma Title Standard, 29.1. The following cases sustain the constitutionality of marketable title acts: Bennett v. Whitehouse, 690 F. Supp. 955 (W.D. Okla. 1988) (MRTA is constitutional and self-executing; rejecting Anderson v. Pickering, 541 P.2d 1361 (Okla. App. 1975))); Presbytery of Southeast Iowa v. Harris, 226 N.W. 2d 232 (Iowa 1975), certiorari denied 423 U.S. 830, 96 S. Ct. 50, 46 L.Ed.2d 48 (1975) (statute does not unconstitutionally deprive vested rights); Wichelman v. Messner, 250 Minn. 88, 83 N.W.2d 800 (1957); (Marketable Title Act constitutional; notice and quiet title action not requried to invoke the statute); Lane v. Travelers Ins. Co., 230 Iowa 973, 299 N.W. 553 (1941); Annot., "Marketable Title Statutes", 71 A.L.R.2d 846 (1960); Opinion No. 67-444 of the Attorney General of Oklahoma, dated March 21, 1968, 39 O.B.A.J. 593-595 (1968). Similar standards: Ill., 22; Iowa, 10.1; Mich., 1.1; Minn., 61; Nebr., 42; N.D. 1.13; S.D., 34; Wis., 4. Caveat: A previous caveat to this standard expressed the possibility that the federal courts might consider the Marketable Record Title Act to be a statute of limitations within the meaning of § 2 of the Act of April 12, 1926, 44 Stat. 239. If those courts should so hold, then the Marketable Record Title Act's provisions could be relied upon to have barred remedies to protect interests held by restricted Indians of the Five Civilized Tribes. The Oklahoma Supreme Court held in Mobbs v. City of Lehigh, 655 P.2d 547, 551 (Okla. 1982) that the Marketable Record Title Act was not a statute of limitations. The Court said that, unlike a statute of limitations which barred the remedy, the Marketable Record Title Act had as its target the right itself.

History: Adopted December 1964. Printed as a part of Proposal No. 12 of 1964 Real Property Committee, 35 O.B.A.J. 2045, 2046 (1964); and see Exhibit H, id . at 2052. Approved, upon recommendation of Real Property Section, by House of Delegates, 36 O.B.A.J. 179, 182 (1965). Last sentence of "Caveat" added December 2, 1965. Resolution No. 3, 1965 Real Property Committee Report, 36 O.B.A.J. 2094 & 2182 (1965). Approved by Real Property Section and adopted by House of Delegates, 37 O.B.A.J. 437 (1966). A.L.R. citation added to Authority, December 3, 1966, Resolution No. 3, 1966 Real Property Committee, 37 O.B.A.J. 2382, 2383 (1966) and adopted by House of Delegates, 37 O.B.A.J. 2538, 2539 (1966). Opinion of Attorney General added December 1968 on recommendation of Real Property Committee, Resolution (2) printed at 39 O.B.A.J. 2308 (1968); adopted House of Delegates, 40 O.B.A.J. 585 (1969). Citation of Act amended by Editor, 1978, to agree with repeal of § 81, 1970 Okla. Sess. Laws, ch. 92, § 5, see Minutes of House of Delegates for 1977, at 93-96.

The 1988 Report of the Title Examination Standards Committee, 59 O.B.J. 3098, 3104-06 (1988) proposed substituting a new "Caveat" to reflect the decision in the Mobbs case cited therein. The proposal was approved by the Real Property Section December 8, 1988 and adopted by the House of Delegates, December 9, 1988. The 2002 Report of the title Examination Standards Committee recommended amending the "Authority" to bring current the authorities supporting the Standard. 73 O.B.J. 3004, 3005 (10/26/2002). The Real Property Law Section approved the proposal November 21, 2002, and the House of Delegates adopted it November 22, 2002.