Title Examination Standards
Chapter 1, App.
Chapter 30. Marketable Record Title Act
§30.7. Thirty-Year Possession in Lieu of Filing Notice.

If an owner of a possessory interest in land under a recorded title transaction (1) has been in possession of such land for a period of thirty (30) years or more after the recording of such instrument, and (2) such owner is still in possession of the land, any Marketable Record Title, based upon an independent chain of title, is subject to the title of such possessory owner, even though such possessory owner has failed to record any notice of such possessory owner's claim.

Authority: 16 O.S. §§ 72(d) & 74(b); L. Simes & C. Taylor, Model Title Standards, Standard 4.8, at 30-31 (1960). Comment: The kind of situation which gives rise to this standard is suggested by the following illustration. A was the last grantee in a chain of record title to a tract of land, by a deed recorded in 1975. There were no subsequent instruments of record in this chain of title. A has been in possession of the land since 1975 and continues in possession, but has never filed any notice as provided in Section 74 of the Marketable Record Title Act. A deed of the same land, unconnected with As chain of title, from X to Y, was recorded in 1976; no other instruments with respect to this land appearing of title. On the other hand, A had a marketable record title in 2005, but in 2006, according to Section 72(d), it is subject to Y's marketable record title. Thus, the relative rights of A and of Y are determined independently of the Act, since the interest of each is subject to the other's deed. A's interest being prior in time, and Y's deed being merely a "wild deed," under common law principles A's title should prevail. Under 16 O.S. § 74(b), possession cannot be "tacked" to eliminate the necessity of recording a notice of claim.

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 2056. Approved, upon recommendation of Real Property Section, by House of Delegates, 36 O.B.A.J. 179, 182 (1965). As a result of a proposal by the 1970 Real Property Committee's Supplemental Report, printed as Exhibit F, 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 December 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 1, 41 O.B.A.J. 2676, 2679 (1970). Subsequently 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)