Title Examination Standards
Chapter 1, App.
Chapter 9 Five Civilized Tribes Land Titles
§ 9.2. Basic Information for Determining Status of Lands Allotted to Member of the Five Civilized Tribes

The purpose of this Standard is not to determine whether the current status of a particular allotment is or was restricted against alienation, but rather to provide tools and resources to assist the title examiner in making such determination.

The following information will be needed to determine whether such allotment is or was restricted against alienation, and if so, whether such restriction has been removed:

i) Tribal membership;

ii) date of Patent from the Tribe;

iii) whether Patent was homestead or surplus;

iv) blood quantum of allottee;

vi) age of allottee at time of conveyance; and

v) whether any of the following appear of record with the County Clerk where the lands are located:

a) a removal of restrictions from the Bureau of Indian Affairs;

b) a conveyance from the allottee or the allotee's successor properly approved by the Bureau of Indian Affairs or a court of competent jurisdiction pursuant to the law in effect at that time.

Once all necessary information has been gathered, the title examiner should consult sources such as the Dawes Rolls, Fitzpatrick Indian Title Chart Extended, applicable Federal Acts and any amendments thereto, the relevant Bureau of Indian Affairs Agency Office, and applicable County Clerk and Court Clerk records to determine restricted status.

Comment 1: There are multiple articles, including one by late Title Examination Standards Committee member Faith Orlowski, to assist practitioners with navigating the history and laws regarding Indian title. Faith Orlowski, Oklahoma Indian Titles, 29 Tulsa L.J. 371, (1993).

The 2025 Title Examination Standards Sub-Committee of the Real Property Law Section recommends this new standard be added to assist title examiners with understanding the impact of allotted lands as they apply to the Five Civilized Tribes. The Real Property Section approved the proposal, and the House of Delegates adopted the new standard on November 7, 2025.