Okla. Stat. tit. 12, § 12-93
This is the official text of Okla. Stat. tit. 12, § 12-93, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Limitation of real actions
Official statutory text
Actions for the recovery of real property, or for the
determination of any adverse right or interest therein, can only be
brought within the periods hereinafter prescribed, after the cause
of action shall have accrued, and at no other time thereafter:
(1) An action for the recovery of real property sold on
execution, or for the recovery of real estate partitioned by
judgment in kind, or sold, or conveyed pursuant to partition
proceedings, or other judicial sale, or an action for the recovery
of real estate distributed under decree of district court in
administration or probate proceedings, when brought by or on behalf
of the execution debtor or former owner, or his or their heirs, or
any person claiming under him or them by title acquired after the
date of the judgment or by any person claiming to be an heir or
devisee of the decedent in whose estate such decree was rendered, or
claiming under, as successor in interest, any such heir or devisee,
within five (5) years after the date of the recording of the deed
made in pursuance of the sale or proceeding, or within five (5)
years after the date of the entry of the final judgment of partition
in kind where no sale is had in the partition proceedings; or within
five (5) years after the recording of the decree of distribution
rendered by the district court in an administration or probate
proceeding; provided, however, that where any such action pertains
to real estate distributed under decree of district court in
administration or probate proceedings and would at the passage of
this act be barred by the terms hereof, such action may be brought
within one (1) year after the passage of this act; this proviso
shall not be construed to revive any action barred by paragraph 4 of
this section.
(2) An action for the recovery of real property sold by
executors, administrators, or guardians, upon an order or judgment
of a court directing such sale, brought by the heirs or devisees of
the deceased person, or the ward of his guardian, or any person
claiming under any or either of them, by the title acquired after
the date of judgment or order, within five (5) years after the date
of recording of the deed made in pursuance of the sale.
(3) An action for the recovery of real property sold for taxes,
within five (5) years after the date of the recording of the tax
deed, except where lands exempt from taxation by reason of any Act
of the Congress of the United States of America have been sold for
taxes, in which case there shall be no limitation; provided, nothing
herein shall be construed as reviving any cause of action for
recovery of real property heretofore barred nor as divesting any
interest acquired by adverse possession prior to the effective date
hereof.
Oklahoma Statutes - Title 12. Civil Procedure Page 54
(4) An action for the recovery of real property not hereinbefore
provided for, within fifteen (15) years.
(5) An action for the forcible entry and detention or forcible
detention only of real property, within two (2) years.
(6) Numbered paragraphs 1, 2, and 3 shall be fully operative
regardless of whether the deed or judgment or the precedent action
or proceeding upon which such deed or judgment is based is void or
voidable in whole or in part, for any reason, jurisdictional or
otherwise; provided that this paragraph shall not be applied so as
to bar causes of action which have heretofore accrued, until the
expiration of one (1) year from and after its effective date.
R.L. 1910, § 4655. Amended by Laws 1945, p. 37, § 1; Laws 1949, p.
95, § 1; Laws 1961, p. 59, § 1, emerg. eff. July 26, 1961.
determination of any adverse right or interest therein, can only be
brought within the periods hereinafter prescribed, after the cause
of action shall have accrued, and at no other time thereafter:
(1) An action for the recovery of real property sold on
execution, or for the recovery of real estate partitioned by
judgment in kind, or sold, or conveyed pursuant to partition
proceedings, or other judicial sale, or an action for the recovery
of real estate distributed under decree of district court in
administration or probate proceedings, when brought by or on behalf
of the execution debtor or former owner, or his or their heirs, or
any person claiming under him or them by title acquired after the
date of the judgment or by any person claiming to be an heir or
devisee of the decedent in whose estate such decree was rendered, or
claiming under, as successor in interest, any such heir or devisee,
within five (5) years after the date of the recording of the deed
made in pursuance of the sale or proceeding, or within five (5)
years after the date of the entry of the final judgment of partition
in kind where no sale is had in the partition proceedings; or within
five (5) years after the recording of the decree of distribution
rendered by the district court in an administration or probate
proceeding; provided, however, that where any such action pertains
to real estate distributed under decree of district court in
administration or probate proceedings and would at the passage of
this act be barred by the terms hereof, such action may be brought
within one (1) year after the passage of this act; this proviso
shall not be construed to revive any action barred by paragraph 4 of
this section.
(2) An action for the recovery of real property sold by
executors, administrators, or guardians, upon an order or judgment
of a court directing such sale, brought by the heirs or devisees of
the deceased person, or the ward of his guardian, or any person
claiming under any or either of them, by the title acquired after
the date of judgment or order, within five (5) years after the date
of recording of the deed made in pursuance of the sale.
(3) An action for the recovery of real property sold for taxes,
within five (5) years after the date of the recording of the tax
deed, except where lands exempt from taxation by reason of any Act
of the Congress of the United States of America have been sold for
taxes, in which case there shall be no limitation; provided, nothing
herein shall be construed as reviving any cause of action for
recovery of real property heretofore barred nor as divesting any
interest acquired by adverse possession prior to the effective date
hereof.
Oklahoma Statutes - Title 12. Civil Procedure Page 54
(4) An action for the recovery of real property not hereinbefore
provided for, within fifteen (15) years.
(5) An action for the forcible entry and detention or forcible
detention only of real property, within two (2) years.
(6) Numbered paragraphs 1, 2, and 3 shall be fully operative
regardless of whether the deed or judgment or the precedent action
or proceeding upon which such deed or judgment is based is void or
voidable in whole or in part, for any reason, jurisdictional or
otherwise; provided that this paragraph shall not be applied so as
to bar causes of action which have heretofore accrued, until the
expiration of one (1) year from and after its effective date.
R.L. 1910, § 4655. Amended by Laws 1945, p. 37, § 1; Laws 1949, p.
95, § 1; Laws 1961, p. 59, § 1, emerg. eff. July 26, 1961.
Status: in_force · Read it on the official government site
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