Okla. Stat. tit. 12, § 12-1141.2

As used in this act:

1. “Apparent cloud” means an effect, without a judgment of a

court of competent jurisdiction, which in the good faith opinion of

a requestor results in a condition of title to real property located

in the State of Oklahoma that fails to meet the standard of

“marketable title” as defined by the “Oklahoma Title Examination

Standards” as adopted and revised by the House of Delegates of the

Oklahoma Bar Association;

2. “Certified mail” means that method of transmitting items

through the United States Post Office pursuant to which the

addressee of the item mailed is either required to indicate an

acceptance of delivery or refusal or which results in a record by

the United States Post Office that the addressee was contacted

regarding the item, but refused delivery or refused to claim the

item;

3. “Conveyance” means an instrument, recorded in the real

property records of a county of the State of Oklahoma, pursuant to

which a grantor makes a transfer of an estate in real property;

4. “Corrective action” means some procedure, other than the

execution and delivery of a curative instrument, identified in a

notice and communicated to a respondent with the intended effect of

removing a cloud or an apparent cloud on the title to real property;

5. “Curative instrument” means a conveyance or instrument

identified by a requestor that the requestor in good faith believes

has the effect of curing a title defect;

6. “Entity” means a person, firm, partnership, general

partnership, limited partnership, corporation, limited liability

company, limited liability partnership or other legally constituted

entity;

7. “Estate” means a quantity or duration of ownership in real

property located in the State of Oklahoma whether in fee simple

absolute or some lesser quantity or duration and includes both the

surface estate and mineral estate;

8. “Execute” means to subscribe an instrument or a conveyance

as either a natural person acting in an individual or a

representative capacity;

9. “Good faith” means having a basis in facts ascertainable to

a requestor or which should be ascertainable with the exercise of

reasonable diligence and the reasonable application of law to facts

known or which, through the exercise of reasonable diligence, should

be known to a requestor regarding the effect of an instrument upon

the title to real property located in the State of Oklahoma;

10. “Instrument” means a document, executed with formalities

authorized or required by law, pursuant to which either a conveyance

is made or pursuant to which some aspect of the title to real

Oklahoma Statutes - Title 12. Civil Procedure Page 216

property located in the State of Oklahoma is affected or may be

affected;

11. “Interest” means either legal title or an equitable claim

which is made in good faith;

12. “Notice” means the document described in Section 3 of this

act;

13. “Parcel” means real property capable of separate

description from any other real property located in the State of

Oklahoma, pursuant to a description which is adequate for a

conveyance pursuant to the requirements of the laws of the State of

Oklahoma;

14. “Person” means a natural person acting in an individual

capacity or a natural person acting in a representative capacity;

15. “Quiet title action” means a civil action filed pursuant to

the authority of Section 1141 of Title 12 of the Oklahoma Statutes

and in which the plaintiff requests a determination or judgment from

the court regarding the title to a parcel of real property;

16. “Real property” means land and fixtures and includes the

surface estate and the minerals underlying lands located in the

State of Oklahoma;

17. “Refuse” means that the respondent either will not take the

action specified in a notice or that the respondent will not take

action which the requestor communicates as an acceptable response to

the notice;
he title to a parcel of real property;

16. “Real property” means land and fixtures and includes the

surface estate and the minerals underlying lands located in the

State of Oklahoma;

17. “Refuse” means that the respondent either will not take the

action specified in a notice or that the respondent will not take

action which the requestor communicates as an acceptable response to

the notice;

18. “Requestor” means any person or entity transmitting a

notice to a respondent pursuant to Section 3 of this act or if the

requestor engages the services of an agent or fiduciary to prepare

the notice, the agent or fiduciary of the requestor;

19. “Respondent” means the person or entity to whom a notice is

transmitted pursuant to Section 3 of this act or, if the respondent

engages the services of an agent or fiduciary to prepare a response

to a requestor, the agent or fiduciary of the requestor;

20. “Response” means the document transmitted by the respondent

to the requestor within the time prescribed by Section 4 of this

act;

21. “Subject parcel” means the specific real property

identified in a notice transmitted to a respondent as provided by

Section 3 of this act;

22. “Title” means the judicial or nonjudicial conclusion

regarding either legal or equitable ownership of real property or an

estate in real property located in the State of Oklahoma; and

23. “Title defect” means a deficiency, as measured or

determined by reference to the statutes of the State of Oklahoma,

cases decided by the courts of the State of Oklahoma or by reference

to the Title Examination Standards published by the Real Property

Section of the Oklahoma Bar Association, in the legal or equitable

title of real property located in the State of Oklahoma.

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