Title Examination Standards
Chapter 1, App.
Chapter 30. Marketable Record Title Act
§30.10. Quitclaim Deed or Testamentary Residuary Clause in Thirty-Year Chain.

A recorded quit claim deed or a recorded judiciary decree can be a root of title or a link in a chain of title for purposes of a thirty-year record title under the Marketable Record Title Act.

Authority: 16 O.S. §§71 & 78(e) & (f); 16 O.S. §31; L. Simes & C. Taylor, Model Title Standards, Standard 4.11, at 33-34 (1960).

Comment: The Marketable Record Title Act defines "root of title" as a title transaction "purporting to create the interest claimed." See section 78(e). "Title transaction" is defined to include a variety of transactions, among which are title by quitclaim deed, by will and by descent. See Section 78(f). A quitclaim deed can be a root of title to the interest it purports to create. Suppose there is a break in the chain of title, and the first instrument after the break is a quitclaim deed. Assume that the first recorded instrument in the chain of title is a patent from the United States to A, recorded in 1890, and that the next is a warranty deed from A to B in fee simple, recorded in 1940. Then, in 1975, there is a quitclaim deed from C to D purporting to convey "the above described land" to D in fee simple. Further assume that there are no other recorded title transactions or notices after this deed and that D is in possession, claiming to be the owner in fee simple. Under the Marketable Record Title Act, the 1975 deed is the root of title and purports to create a fee simple in D. Therefore, in 2005, D has a good title in fee simple. Clearly the quitclaim deed can be a link in a chain of record title under the provisions of the Act. See sections 71 and 78(f). If it can be an effective link, it must necessarily follow that it can be an effective "root" to the interest it purports to create.

History: Adopted December 1964. Printed as a part of Proposal No. 12 of 1964 Real Property Committee, 35 O.B.A.J. 2045, 2046 and see Exhibit H, id . at 2058. Approved, upon recommendation of Real Property Section, by House of Delegates, 36 O.B.A.J. 179, 182. As a result of a proposal by the 1970 Real Property Committee's Supplemental Report, printed as Exhibit G, 41 O.B.A.J. 2676, 2678 (1970), approved by the Real Property Section on Dec. 3, 1970, and adopted by the House of Delegates on Dec. 4, 1970, 42 O.B.A.J. 706 (1971), the last sentence of the standard in its previous form calling attention to the amendment shortening the period to thirty years was added. Pertinent statutory authority, relating to the amendment, has been added by the editor pursuant to the directive in the Committee's Supplemental Report, Exhibit I, 41 O.B.A.J. 2676, 2679 (1970). All references to prior 40-year period deleted, 30 years substituted, and dates in "Comment" corrected to agree with 30-year period as per direction of House of Delegates, see Minutes of House for 1977, at 93-96.

The Title Examination Standards Sub-Committee recommended the Comments of Title Standards 30.3, 30.4, 30.5, 30.6, 30.7, 30.8, 30.9, and 30.10 be amended to make the current effect of the Marketable Record Title Act more apparent to examiners. The Real Property Law Section approved, November 18, 2010, and the House of Delegates adopted the proposal on November 19, 2010. (superseded document available)

The 2017 Title Examination Standards Sub-Committee of the Real Property Law Section recommended amending Standard 30.10 to clarify that it is a Judicial Decree and not simply a residuary clause in a probated will that can be a root or link in a chain of title. The Real Property Section approved the proposal on November 2, 2017 and the House of Delegates adopted the amendment on November 4, 2017. (superseded document available)