Okla. Stat. tit. 16, § 16-53
This is the official text of Okla. Stat. tit. 16, § 16-53, part of Oklahoma’s Stat. tit. 16, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 16,." Browse the sections below, each linked to its official government source.
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Recorded signed documents - Rebuttable presumptions
Official statutory text
EVIDENTIARY EFFECT OF RECORDED DOCUMENT
A. A recorded signed document relating to title to real estate
creates a rebuttable presumption with respect to the title that:
1. The document is genuine and was executed as the voluntary
act of the person purporting to execute it;
2. The person executing the document and the person on whose
behalf it is executed are the persons they are purported to be and
the person executing it was neither incompetent nor a minor at any
relevant time;
3. Delivery occurred notwithstanding a lapse of time between
dates on the document and the date of recording;
4. Any necessary consideration was given;
5. The grantee, transferee, or beneficiary of an interest
created or claimed by the document acted in good faith at all
relevant times up to and including the time of the recording;
6. A person purporting to act as an attorney-in-fact pursuant
to a recorded power of attorney held the position he purported to
hold and acted within the scope of his authority. It shall also be
presumed that the principal was alive and was neither incompetent
nor a minor at any relevant time;
7. A person purporting to act as:
a. one of the officers listed in Section 93 of Title 16
of the Oklahoma Statutes on behalf of a corporation,
b. a partner of a general partnership,
c. a general partner of a limited partnership,
Oklahoma Statutes - Title 16. Conveyances Page 18
d. a manager of a limited liability company,
e. a trustee of a trust,
f. any officer or member of the board of trustees of a
religious corporation,
g. a court-appointed trustee, receiver, personal
representative, guardian, conservator, or other
fiduciary, or
h. an officer or member of any other entity,
held the position he purported to hold, acted within the scope of
his authority (unless limitations of authority were previously filed
of record and indexed against the property in question), and the
authorization satisfied all requirements of law;
8. All entities that are parties to the document are in good
standing in their jurisdiction of organization;
9. If the document purports to be executed pursuant to or to be
a final determination in a judicial or administrative proceeding, or
to be executed pursuant to a power of eminent domain, the court,
official body, or condemnor was acting within its jurisdiction and
all steps required for the execution of the title document were
taken;
10. Recitals and other statements of fact in a conveyance are
true if the matter stated was relevant to the purpose of the
document;
11. Persons named in, signing, or acknowledging the document
and persons named in, signing, or acknowledging another related
document in a chain of title are identical, if the persons appear in
those conveyances under identical names, or under variants thereof,
including inclusion, exclusion, or use of:
a. commonly recognized abbreviations, contractions,
initials, or colloquial or other equivalents,
b. first or middle names or initials,
c. simple transpositions that produce substantially
similar pronunciations,
d. articles or prepositions in names or titles,
e. descriptions of entities as corporations, companies or
abbreviations or contractions of either, or
f. name suffixes, such as Senior or Junior, unless other
information appears of record indicating that they are
different persons; and
12. All other requirements for its execution, delivery, and
validity have been satisfied.
B. The presumptions stated in subsection A of this section
arise even if the document purports only to release a claim or
convey any right, title, or interest of the person executing it or
the person on whose behalf it is executed.
C. If presumptions created by subsection A of this section are
inconsistent, the presumption applies that is founded upon weightier
Oklahoma Statutes - Title 16. Conveyances Page 19
considerations of policy. If considerations of policy are of equal
purports only to release a claim or
convey any right, title, or interest of the person executing it or
the person on whose behalf it is executed.
C. If presumptions created by subsection A of this section are
inconsistent, the presumption applies that is founded upon weightier
Oklahoma Statutes - Title 16. Conveyances Page 19
considerations of policy. If considerations of policy are of equal
weight, neither presumption applies.
A. A recorded signed document relating to title to real estate
creates a rebuttable presumption with respect to the title that:
1. The document is genuine and was executed as the voluntary
act of the person purporting to execute it;
2. The person executing the document and the person on whose
behalf it is executed are the persons they are purported to be and
the person executing it was neither incompetent nor a minor at any
relevant time;
3. Delivery occurred notwithstanding a lapse of time between
dates on the document and the date of recording;
4. Any necessary consideration was given;
5. The grantee, transferee, or beneficiary of an interest
created or claimed by the document acted in good faith at all
relevant times up to and including the time of the recording;
6. A person purporting to act as an attorney-in-fact pursuant
to a recorded power of attorney held the position he purported to
hold and acted within the scope of his authority. It shall also be
presumed that the principal was alive and was neither incompetent
nor a minor at any relevant time;
7. A person purporting to act as:
a. one of the officers listed in Section 93 of Title 16
of the Oklahoma Statutes on behalf of a corporation,
b. a partner of a general partnership,
c. a general partner of a limited partnership,
Oklahoma Statutes - Title 16. Conveyances Page 18
d. a manager of a limited liability company,
e. a trustee of a trust,
f. any officer or member of the board of trustees of a
religious corporation,
g. a court-appointed trustee, receiver, personal
representative, guardian, conservator, or other
fiduciary, or
h. an officer or member of any other entity,
held the position he purported to hold, acted within the scope of
his authority (unless limitations of authority were previously filed
of record and indexed against the property in question), and the
authorization satisfied all requirements of law;
8. All entities that are parties to the document are in good
standing in their jurisdiction of organization;
9. If the document purports to be executed pursuant to or to be
a final determination in a judicial or administrative proceeding, or
to be executed pursuant to a power of eminent domain, the court,
official body, or condemnor was acting within its jurisdiction and
all steps required for the execution of the title document were
taken;
10. Recitals and other statements of fact in a conveyance are
true if the matter stated was relevant to the purpose of the
document;
11. Persons named in, signing, or acknowledging the document
and persons named in, signing, or acknowledging another related
document in a chain of title are identical, if the persons appear in
those conveyances under identical names, or under variants thereof,
including inclusion, exclusion, or use of:
a. commonly recognized abbreviations, contractions,
initials, or colloquial or other equivalents,
b. first or middle names or initials,
c. simple transpositions that produce substantially
similar pronunciations,
d. articles or prepositions in names or titles,
e. descriptions of entities as corporations, companies or
abbreviations or contractions of either, or
f. name suffixes, such as Senior or Junior, unless other
information appears of record indicating that they are
different persons; and
12. All other requirements for its execution, delivery, and
validity have been satisfied.
B. The presumptions stated in subsection A of this section
arise even if the document purports only to release a claim or
convey any right, title, or interest of the person executing it or
the person on whose behalf it is executed.
C. If presumptions created by subsection A of this section are
inconsistent, the presumption applies that is founded upon weightier
Oklahoma Statutes - Title 16. Conveyances Page 19
considerations of policy. If considerations of policy are of equal
purports only to release a claim or
convey any right, title, or interest of the person executing it or
the person on whose behalf it is executed.
C. If presumptions created by subsection A of this section are
inconsistent, the presumption applies that is founded upon weightier
Oklahoma Statutes - Title 16. Conveyances Page 19
considerations of policy. If considerations of policy are of equal
weight, neither presumption applies.
Status: in_force · Read it on the official government site
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