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Oklahoma · 16 O.S. §§54, 55, 401–407Oklahoma discriminatory deed restrictions: the owner's declaration, the 2025 amendment and the HOA's 90 days

In Oklahoma, discriminatory restrictive covenants in any recorded conveyance or instrument are unlawful, unenforceable and void, and any such covenant in a previously recorded instrument is extinguished and severed from it (16 O.S. §54). The owner – or another person with the owner's written, notarized permission – may record with the county clerk a declaration that the covenant is illegal and should be removed, and the owner may do so before a deed to a buyer is recorded or when the covenant is discovered, using a statutory form that needs no attorney (§§54, 55). Since November 1, 2025, the Oklahoma Uniform Unlawful Restrictions in Land Records Act also lets an owner record an amendment removing an unlawful restriction – one that restricts transfer, use or occupancy based on race, color, religion, national origin, sex, familial status, disability or other personal characteristics in violation of law – as to the owner's own property (§§402(11), 403). For property under an owners association's governing instrument, the governing body may remove the restriction without a member vote, and after a member's request it has 90 days to decide and then 90 days to amend (§404). The amendment identifies the owner, the property and the document, carries a conspicuous statutory statement, is acknowledged and recorded with the county clerk, and doesn't affect any lawful restriction (§405). The county clerk records it, indexes it and cross-references the original document (§407).

The rules

  1. 1. Void (§54)

    Discriminatory restrictive covenants are unenforceable and severed from recorded instruments.

  2. 2. Declaration (§55)

    Owner records a statutory form before the deed to a buyer or on discovery; no attorney needed.

  3. 3. Amendment (§§403, 405)

    Since November 1, 2025: identifies owner, property and document, with the statutory statement.

  4. 4. HOA (§404)

    Board removes it without a vote; 90 days to decide after a request, then 90 days to amend.

  5. 5. Recording (§407)

    Indexed and cross-referenced to the original document.

What the TC can do

  • When the title commitment or a plat shows a discriminatory covenant, tell the seller they can record the statutory declaration before the deed.
  • In an HOA community, point the owner to the association's board and the 90-day request process.
  • Keep the recorded declaration or amendment with the deal's title documents.

Questions about Oklahoma discriminatory restrictions

Are racial covenants in Oklahoma deeds enforceable?

No. Discriminatory restrictive covenants in recorded Oklahoma instruments are unlawful, unenforceable and void, and are severed from the instrument (16 O.S. §54).

How does an Oklahoma owner remove a discriminatory restriction from the record?

By recording with the county clerk the statutory declaration (16 O.S. §55) or, since November 1, 2025, an amendment under the Uniform Unlawful Restrictions in Land Records Act (16 O.S. §§403, 405); in an HOA, the board does it without a member vote (§404).

Add the seller's declaration or amendment to the title tasks in ClosingCode.

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Source: 16 O.S. §§54, 55 and 401–407 (Title 16 at oklegislature.gov, read October 29, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.