Title Examination Standards
Chapter 1, App.
Chapter 30. Marketable Record Title Act
§30.13. Abstracting.

1. A. The patent, grant or other conveyance from the government.
2. B. The following title transactions occurring prior to the first conveyance or other title transaction in "C." below: easements or interests in the nature of an easement; unreleased leases with indefinite terms such as oil and gas leases; unreleased leases with terms which have not expired; instruments or proceedings pertaining to bankruptcies; use restrictions or area agreements which are part of a plan for subdivision development; any right, title or interest of the United States.
3. C. The conveyance or other title transaction constituting the root of title to the interest claimed, together with all conveyances and other title transactions of any character subsequent to said conveyance or other title transaction; or if there be a mineral severance prior to said conveyance or other title transaction, then the first conveyance or other title transaction prior to said mineral severance, together with all conveyances and other title transactions of any character subsequent to said conveyance or other title transaction.
4. D. Conveyances, title transactions and other instruments recorded prior to the conveyance or other title transaction in "C." which are specifically identified in said conveyance or other title transaction or any subsequent instrument shown in the abstract.
5. E. Any deed imposing restrictions upon alienation without prior consent of the Secretary of the Interior or a federal agency, for example, a Carny Lacher deed.

6. F. Where title stems from a tribe of Indians or from a patent where the United States holds title in trust for an Indian, the abstract shall contain all recorded instruments from inception of title other than treaties except (1) where there is an unallotted land deed or where a patent is to a freedman or intermarried white member of the Five Civilized Tribes, in which event only the patent and the material under "B", "C", "D", and "E." need be shown, and (2) where a patent is from the Osage Nation to an individual and there is of record a conveyance from the allottee and a Certificate of Competency, only the patent, the conveyance from the allottee, the Certificate of Competency, certificate as to degree of blood of the allottee and the material under "B", "C", "D", and "E" need be shown.

   The abstractor shall state on the caption page and in the certificate of an abstract compiled under this standard:

   "This abstract is compiled in accordance with Oklahoma Title Standard No. 30.13 under 16 O.S. §§ 71-80."

   Authority: 16 O.S. §§ 71-80, 46 O.S. § 203, and Oklahoma Title Examination Standard 24.7. Comment: 1. The purpose of this standard is to simplify title examination and reduce the size of abstracts. 2. Deeds, mortgages, affidavits, caveats, notices, estoppel agreements, powers of attorney, tax liens, mechanic liens, judgments and foreign executions recorded prior to the first conveyance or other title transaction in "C." and not referred to therein or subsequent thereto and also probate, divorce, foreclosure, partition and quiet title actions concluded prior to the first conveyance or other title transaction in "C." are to be omitted from the abstract. 3. Interests and defects prior to the first conveyance or other title transaction in "C." are not to be shown unless specifically identified. The book and page of the recording of a prior mortgage is required to be in any subsequent deed or mortgage to give notice of such prior mortgage, 46 O.S. § 203 and Title Standard 24.7. Specific identification of other instruments requires either the book and page of recording or the date and place of recording or such other information as will enable the abstractor to locate the instrument of record. 4. Abstracting under this standard should also be in conformity with Title Standard 29.6.

On September 18, 1996 the State Auditor and Inspector issued Declaratory Ruling 96-1, which rejected the concept of "thirty-year" abstracts and prohibited abstractors from preparing abstracts under this standard after May 1, 1996. Abstracts, compiled and certified on or before May 1, 1996, may still be used as a base abstract when a separate supplemental abstract has been prepared.

For historical reference, base abstracts created in reliance of this standard prior to May 1, 1996 under the Marketable Record Title Act are sufficient for examination purposes when the following is shown in the abstract:

History: Adopted December 5, 1969. Resolution No. 1 1969 Real Property Committee, 40 O.B.A.J. 2405 (1969); and Exhibit A, id . at 2406-2407. Approved by Real Property Section and adopted by House of Delegates, 41 O.B.A.J. 287 (1970). Citation of act amended by editor, 1978, to agree with repeal of § 81, 1970 Okla. Sess. Laws, ch. 92, § 5, reference to prior 40-year period deleted and 30 years substituted, see Minutes of House of Delegates for 1977, pages 93-96.

Amended December 3, 1982. Amendment proposed by Report of 1982 Title Examination Standards Committee, 53 O.B.J 2731, 2734-35 (1982). Proposal amended by Real Property Section, December 2, 1982, and approved as amended. Adopted as amended by House of Delegates.

The 2011 Report of the Title Examination Standards Committee, proposed an amendment to this Standard to make it clear that a so-called thirty year abstract which was compiled prior to the State Auditor and Inspectors Declaratory Order 96-1 may still be used as a base abstract when a separate when a separate supplemental abstract has also been prepared. The proposal was approved by the Real Property Section on November 3, 2011, and adopted by the House of Delegates on November 4, 2011.

The 2020 Title Examination Standards Sub-Committee of the Real Property Law Section recommended Standard 30.13 be amended as follows to clarify previous subparagraph G and move the language to the front of the standard. The Real Property Section approved the proposal, and the House of Delegates adopted the amendment on November 13, 2020. (superseded document available)