Oklahoma Statutes

Okla. Stat. tit. 16, § 78 (2026)

Definitions

✓ current as of July 2026
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(a) "Marketable record title" means a title of record as indicated in Section 71 of this title, which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in Section 73 of this title. (b) "Records" includes probate and other official public records, as well as records in the county clerk's office. (c) "Recording," when applied to the official public records of any office or court, includes filing.

(d) "Person dealing with land" includes a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land contract vendee, or any other person seeking to acquire an estate or interest therein, or impose a lien thereon. (e) "Root of title" means that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date thirty (30) years prior to the time when marketability is being determined. The effective date of the "root of title" is the date on which it is recorded. (f) "Title transaction" means any transaction affecting title to any interest in land, including title by will or descent, title by tax deed, mineral deed, lease or reservation, or by trustee's, referee's, guardian's, executor's, administrator's, master in chancery's, sheriff's or marshal's deed, or decree of any court, as well as warranty deed, quitclaim deed, or mortgage. Laws 1963, c. 31, § 8; Laws 1970, c. 92, § 4, eff. July 1, 1972.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 1982–2024 · leading case: Mobbs v. City of Lehigh, 655 P.2d 547 (Okla. 1982).
Mobbs v. City of Lehigh, 655 P.2d 547 (Okla. 1982). · cites it 3× “16 O.S.1981 § 78. . 16 O.S.1981 § 71. . 16 O.”
Lee v. Hester, 642 P.2d 243 (Okla. 1982). “1971 § 78(f), a title transaction is defined as any transaction affecting title to any interest in land, including inter alia, a referee’s or master in chancery’s deed and (c) in proceedings under the Oklahoma Consumer Protection Act, 15 O.S.Supp. 1980 § 756.”
Rocket Oil & Gas Co. v. Donabar, 2005 OK CIV APP 111 (Okla. Civ. App. 2005). “) ¶ 21 Various terms used in the 30-year MRTA are defined in 16 O.S.2001 § 78, including “Marketable record title,” which under § 78(a) means “a title of record as indicated in [ § ] 71 of this title, which operates to extinguish such interests and claims, existing prior to the…”
Question Submitted by: The Honorable Brent Howard, Oklahoma State Senate, Dist. 38, 2024 OK AG 2 (Okla. Att’y Gen. 2024). “Compare 16 O.S.2021, § 78 (defining "title transaction" as "any transaction affecting title to any interest in land, including .”
Question Submitted by: The Honorable Brent Howard, Oklahoma State Senate, Dist. 38, 2024 OK AG 2 (Okla. Att’y Gen. 2024). “Compare 16 O.S.2021, § 78 (defining "title transaction" as "any transaction affecting title to any interest in land, including .”
Question Submitted by: The Honorable Brent Howard, Oklahoma State Senate, Dist. 38, 2024 OK AG 2 (Okla. Att’y Gen. 2024). “Compare 16 O.S.2021, § 78 (defining "title transaction" as "any transaction affecting title to any interest in land, including .”
Question Submitted by: The Honorable Brent Howard, Oklahoma State Senate, Dist. 38, 2024 OK AG 2 (Okla. Att’y Gen. 2024). “Compare 16 O.S.2021, § 78 (defining "title transaction" as "any transaction affecting title to any interest in land, including .”
Okla. Stat. tit. 16, § 78(f): 2 cases
Mobbs v. City of Lehigh, 655 P.2d 547 (Okla. 1982). “16 O.S.1981 § 78. . 16 O.S.1981 § 71. . 16 O.”
Lee v. Hester, 642 P.2d 243 (Okla. 1982). “1971 § 78(f), a title transaction is defined as any transaction affecting title to any interest in land, including inter alia, a referee’s or master in chancery’s deed and (c) in proceedings under the Oklahoma Consumer Protection Act, 15 O.S.Supp. 1980 § 756.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.