Title Examination Standards
Chapter 1, App.
Chapter 4. Capacity to Convey
§4.1. Minority.

In the absence of actual or constructive notice to the contrary, it is presumed that a grantor is not a minor. If it appears that a person in the chain of title was a minor, the examiner must determine that a conveyance from such person occurred after (I) such person attained the age of majority as defined at the time of the conveyance, (ii) such person had the rights of majority conferred upon him/her by a court of competent jurisdiction, or (iii) such person has been legally married and was otherwise qualified and the real estate was acquired by such person after marriage. A conveyance which has not been disaffirmed within one year after the minor attains the age of majority is valid.

Authority: 16 O.S. § 53; Patton & Palomar on Land Titles § 336 (3rd ed. 2003); C. Flick, Abstract and Title Practice § 343 (2d ed. 1958); cf. Giles v. Latimer, 40 Okla. 301, 137 P. 113 (1914); 10 O.S. §§ 91-94; 15 O.S. §§ 17, 19; 16 O.S. § 1. Comment: The definition of marketable title taken together with the presumption of majority in an action to disaffirm a conveyance recognized in Giles v. Latimer, supra, justify a title examiner in relying upon the grantor of a conveyance being an adult unless on actual or constructive notice to the contrary.

History: Standard proposed by Report of Title Examination Standards Committee, 55 O.B.J. 1817, 1818, (1984). Approved by Real Property Section, November 1, 1984, and adopted by House of Delegates, November 2, 1984.

Revision recommended by 1997 Report of the Title Examination Standards Committee to reflect the adoption of 16 O.S. § 53 relating to rebuttable presumptions arising from recorded instruments. 68 O.B.J. 3296 (10/18/97). Real Property Law Section approved the proposal, November 6, 1997: the House of Delegates adopted the amended standard, November 7, 1997. 68 O.B.J. 3707 (11/15/97).

The 2020 Title Examination Standards Sub-Committee of the Real Property Law Section recommended the following editorial changes to the Title Standards as they appear on OSCN to bring the printed handbook and OSCN into conformity. The Real Property Section approved the proposal, and the House of Delegates adopted the amendment on November 13, 2020. (superseded document available)