Okla. Stat. tit. 1, § 1-36
This is the official text of Okla. Stat. tit. 1, § 1-36, part of Oklahoma’s Stat. tit. 1, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 1,." Browse the sections below, each linked to its official government source.
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Rights and responsibilities of abstractors
Official statutory text
A. Any person, firm, corporation, or other entity holding a
valid abstract license or permit, or any abstract licensee
affiliated with such person, firm, corporation, or other entity,
shall:
1. Have free access to the instruments of record affecting real
property filed in any city, county, or state office;
2. Be permitted to make such memoranda, notations, or copies of
such instruments of record;
3. Occupy reasonable space with equipment for that purpose
during the business hours of such office;
4. Make and prepare abstracts; and
5. Compile, post, copy, and maintain his or her books, records,
and indexes.
B. The records in any city, county, or state office shall not
be taken from the office to which they belong, for any reason,
except that records may be taken from the office of the district
court clerk by an abstractor who is doing business within that
county and has an approved bond on file with the county clerk for a
period of time not to exceed twenty-four (24) hours after first
giving proper receipt to the appropriate clerk or deputy.
C. An abstractor shall have the right of access to any
instrument filed of record in a county office, not later than the
Oklahoma Statutes - Title 1. Abstracting Page 16
close of business of the first business day following the day of
filing. There shall be no fee charged for providing access to the
instrument.
D. For purposes of this section, “access” means possession of
said instrument to mechanically or electronically reproduce it,
either in the office or out of the office of filing, at the
discretion of the county officer having custody of the instrument,
which reproduction shall be completed not later than the close of
business of the first business day following the day of receipt of
the document. Provided if the abstractor fails to return the files
within the twenty-four-hour period, the county officer in his or her
discretion may refuse to allow the abstractor to remove said files
at a later date. Any county officer making such refusal shall send
written notice of such action to the Oklahoma Abstractors Board.
E. Access to instruments of record shall be for immediate and
lawful abstracting purposes only. The sale of the instruments of
record for profit to the public either on the Internet or any other
such forum by any company holding a permit to build an abstract
plant is prohibited, and a violation of this subsection shall be
considered a violation of the Oklahoma Abstractors Law.
F. All certificates of authority or permit holders and abstract
licensees shall be subject to the same obligation to protect and
preserve the public records to which they have access as do the
public officers who have legal custody of such records. Holders of
certificates of authority or permits and abstract licensees shall be
subject to the same penalties for a violation of such duty as said
officers.
G. Reliance solely on the county indexes in the preparation of
an abstract of title shall be prohibited and subject to the
penalties established in subsection B of Section 35 of this title
and shall not be a defense of liability for an error or omission in
an abstract of title.
valid abstract license or permit, or any abstract licensee
affiliated with such person, firm, corporation, or other entity,
shall:
1. Have free access to the instruments of record affecting real
property filed in any city, county, or state office;
2. Be permitted to make such memoranda, notations, or copies of
such instruments of record;
3. Occupy reasonable space with equipment for that purpose
during the business hours of such office;
4. Make and prepare abstracts; and
5. Compile, post, copy, and maintain his or her books, records,
and indexes.
B. The records in any city, county, or state office shall not
be taken from the office to which they belong, for any reason,
except that records may be taken from the office of the district
court clerk by an abstractor who is doing business within that
county and has an approved bond on file with the county clerk for a
period of time not to exceed twenty-four (24) hours after first
giving proper receipt to the appropriate clerk or deputy.
C. An abstractor shall have the right of access to any
instrument filed of record in a county office, not later than the
Oklahoma Statutes - Title 1. Abstracting Page 16
close of business of the first business day following the day of
filing. There shall be no fee charged for providing access to the
instrument.
D. For purposes of this section, “access” means possession of
said instrument to mechanically or electronically reproduce it,
either in the office or out of the office of filing, at the
discretion of the county officer having custody of the instrument,
which reproduction shall be completed not later than the close of
business of the first business day following the day of receipt of
the document. Provided if the abstractor fails to return the files
within the twenty-four-hour period, the county officer in his or her
discretion may refuse to allow the abstractor to remove said files
at a later date. Any county officer making such refusal shall send
written notice of such action to the Oklahoma Abstractors Board.
E. Access to instruments of record shall be for immediate and
lawful abstracting purposes only. The sale of the instruments of
record for profit to the public either on the Internet or any other
such forum by any company holding a permit to build an abstract
plant is prohibited, and a violation of this subsection shall be
considered a violation of the Oklahoma Abstractors Law.
F. All certificates of authority or permit holders and abstract
licensees shall be subject to the same obligation to protect and
preserve the public records to which they have access as do the
public officers who have legal custody of such records. Holders of
certificates of authority or permits and abstract licensees shall be
subject to the same penalties for a violation of such duty as said
officers.
G. Reliance solely on the county indexes in the preparation of
an abstract of title shall be prohibited and subject to the
penalties established in subsection B of Section 35 of this title
and shall not be a defense of liability for an error or omission in
an abstract of title.
Status: in_force · Read it on the official government site
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