Title Examination Standards
Chapter 1, App.
Chapter 30. Marketable Record Title Act
§30.8. Effect of Adverse Possession.

A marketable record title is subject to any title by adverse possession which accrues at any time subsequent to the effective date of the root of title, but not to any title by adverse possession which accrued prior to the effective date of the root of title.

Authority: 16 O.S. §§ 72(c) & 73; L. Simes & C. Taylor, Model Title Standards, Standard 4.9, at 31 (1960). Comment: (Assume the period for title by adverse possession is 15 years.) 1. A is the grantee of a tract of land in a deed which was recorded in 1950. In the same year, X entered into possession claiming adversely to all the world and continued such adverse possession until 1966. In 1967, a deed conveying the same land from A to B was recorded. No other instruments concerning the land appearing of record, B has a marketable record title in 1997, which extinguished X's title by adverse possession acquired in 1965. 2. Suppose A is the grantee of a tract of land in a deed which was recorded in 1965. In 1991, X entered into possession claiming adversely to all the world and continued such adverse possession until the present time. No other instruments concerning the land appearing of record in 1995, A had a marketable record title, but it was subject to X's adverse possession and when X's period for title by adverse possession was completed in 2006, A's title was subject to X's title by adverse possession.

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 2056-57. Approved, upon recommendation of Real Property Section, by House of Delegates, 36 O.B.A.J. 179, 182 (1965). 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 (superseded document available)