Title Examination Standards
Chapter 1, App.
Chapter 5. Name Variances
§5.1. Abbreviations and Idem Sonans.

1. A. Abbreviations of first or middle names: Where there are used commonly recognized abbreviations, derivatives or nicknames, such as "Geo." for George, "Jon." for John, "Chas." for Charles, "Alex." for Alexander, "Jos." for Joseph, "Thos." for Thomas, "Wm." for William, "Lse." for Louise; and
2. B. Nicknames of first or middle names: Where there are used commonly recognized nicknames, such as, "Susan" for Suzanna, "Ellen" for Eleanor, "Liz" for Elizabeth, "Katie" for Katherine, "Jack" for John, "Rick" for Richard, "Bob" for Robert, "Bill" for William; and
3. C. Application of Doctrine of Idem Sonans to first, middle and last names or surnames: Where the names, although spelled differently, sound alike or phonetically similar or when their sounds cannot be distinguished, such first names as in "Sarah" and "Sara", "Catherine" and "Katherine", "Jeff" and "Geoff", "Mohammed" and "Mohammad" , "Li" and "Lee", and such last names as in "Fallin" and "Fallon", "Green" and "Greene", "McArthur" and "MacArthur"; and

4. D. In all instruments or court proceedings where (1) in one instance name or names of a person is or are used, and in another instance the initial letter or letters only of any such name or names is or are used but the surnames are the same or idem sonans; (2) in one instance a name or initial letter is used, and in another instance is omitted, but in both instances the other names or initial letters correspond and the surnames are the same or idem sonans; or (3) in one instance the middle name or initial is present and in another instance, the middle name or initial is absent, but the surnames are the same or idem sonans.

   A greater degree of liberality should be indulged with the greater lapse of time and in the absence of circumstances appearing in the abstract to raise reasonable doubt as to the identity of the parties.

   Authority: 16 O.S. § 53; Patton & Palomar on Land Titles §§ 73-78 (3d ed. 2003); King v. Slepka, 194 Okla. 11, 146 P.2d 1002 (1944); Collingsworth v. Hutchinson, 185 Okla. 101, 90 P.2d 416 (1939); Maine v. Edmonds, 58 Okla. 645, 160 P. 483 (1916); Annot., 57 A.L.R. 1478 (1928). West Digest System, Century Digest, Names, Key Number 4; Decennials, 4 and 5, Deeds, Key Number 31.

Identity of parties should be accepted as sufficiently established in the following cases, unless the examiner is otherwise put on inquiry:

History: Adopted as 14, November 16, 1946, 17 O.B.A.J. 1729 (1946), printed, id . at 1752; became 3 on renumbering, 19 O.B.A J. 223 (1948), at which time paragraph A was expanded by adding all examples following "Elizabeth" and the citations from the West Digest system were added; amended December, 1959, by adding paragraph C and Comment, 30 O.B.A.J. 2091 (1959).

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. 3297 (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 2016 Title Examination Standards Sub-Committee proposed

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)