Real Estate Deeds

Oklahoma Warranty Deed Form

Real property in Oklahoma consists of land, that which is affixed to land, that which is incidental or appurtenant to land, or that which is immovable by law (60 5). Title to real property can be transferred through the use of a deed in writing. A warranty deed made in substantial compliance with the Conveyances chapter of the Oklahoma Statutes will convey the whole interest of the grantor in the premises described. A warranty deed includes covenants from the grantor to the grantee that, at the time of the making of the deed, the grantor is legally seized of an indefeasible estate in fee simple of the premises described and has good right and full power to convey the same; that the property is clear of all encumbrances and liens; and that he warrants to the grantee the quiet and peaceable possession thereof, and will defend the title thereto against all persons who may lawfully claim the same (16 19). The statutory short form of a warranty deed is provided in 16 40 of the Oklahoma Statutes. A warranty deed for the conveyance of real property can be in substantially this form.

A warranty deed cannot be received for recording by a county recorder unless it has been executed and acknowledged in compliance with Oklahoma statutory laws. The recording of an instrument that has not been properly executed and acknowledged will not be effective for any purpose (16 26). An individual form for acknowledgment should be in substantially the same form as provided in the Uniform Law on Notarial Acts or in the form presented in 16-33 of the Oklahoma Statutes. Every acknowledgment must be under seal of the officer taking acknowledgments. When taken within this state, acknowledgments can be made before a notary public, county clerk, clerk of a district or county court, or a county judge. Acknowledgments taken out-of-state can be taken before any of the officers listed in 16 35 of the Oklahoma Statutes.

A conveyance of real property that is acknowledged or proved, certified, and recorded with the register of deeds will serve as constructive notice of the contents thereof to subsequent purchasers, mortgagees, encumbrancers, or creditors from the time it is filed with the register of deeds for recording (16 16). No acknowledgment or recording is necessary to the validity of a warranty deed as between the parties to the deed. However, a warranty deed will not be valid against third persons unless the deed is acknowledged and recorded as provided by statute (16 15). Warranty deeds are recorded with the county recorder in the county where the property is located. When real property is situated in more than one county and the deed has been recorded in either of such counties, a certified copy of the recorded deed may be recorded in the other county and it will be as if the original had been recorded (16 43). Oklahoma Warranty Deed Forms Have Been Updated as Recently as Monday March 12, 2018