Oklahoma · 16 O.S. §§61, 62, 82–85Oklahoma title curatives: the recorded affidavit of facts and the ten-year rule

An Oklahoma affidavit may be recorded with the county clerk of the county where the land lies about age, sex, birth, death, relationship, family history, heirship, names and identity of parties, officers, partners and trustees, the history of entities and trusts, marital status, possession, residence, military service, and conflicts and ambiguities in land descriptions in recorded instruments (16 O.S. §§82, 83). It must describe the affected land, and the clerk notes it on the numerical tract index (§84). Facts stated in a recorded affidavit carry a rebuttable presumption that they are true as they relate to the real estate, its use or its ownership (§82). A knowingly false affidavit is perjury, with liability for actual damages and possible punitive damages, costs and attorney fees (§85). Separately, a purchaser for value who takes from someone claiming under a conveyance of record for ten years or more gets a valid and marketable title against claims that the deed was signed by an incompetent person (unless a guardianship or adjudication appears of record), was signed by a corporation to its officer without proper authority, was signed under a power of attorney that had terminated for reasons not shown of record, or was never delivered (§62(a)). The same ten-year protection covers court-approved guardian, executor and administrator deeds, decrees of distribution, sheriff's deeds, judgments, receivers' and trustees' deeds and county treasurer tax deeds (§62(b)–(d)). The protection doesn't apply against someone who recorded a notice of the claim in time, or who is in possession of the land when the purchaser buys (§62(a)–(c)).