How title opinions protect property owners
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How title opinions protect property owners

On Behalf of | Jul 8, 2022 | Real Estate

Oklahoma has rigorous chain of ownership laws. If someone makes a claim on your property, or you believe you are the rightful owner, a title opinion might clarify the rightful owner.

According to Oklahoma Statutes, §16-66, anyone with a claim contrary to the title must file a public notice. A lawsuit that attempts to explain the chain of ownership is a quiet title action. Continue reading to learn more about title disputes and how they might affect your ability to buy or sell a property.

Ownership disputes

The most dramatic reason for a quiet title lawsuit is a dispute over ownership. The defendant and plaintiff need to construct a title opinion. Title opinions rely on public records to build a clear picture of ownership. Unfortunately, even if you have the property title, there might be a lien on the real estate, or someone might claim mineral and oil rights. These possibilities are why it is critical to have a title opinion drafted before purchasing real estate.

Title defects

A less severe reason for quiet title action is a defect in the title. If someone’s great grandfather passed on their land without committing the title to paper, this might come up in future real estate transactions. To clear up a defect, the court must declare the valid owner of the property based on whatever evidence is available.

Property titles become more complicated the further back a chain of ownership goes. Title opinions and quiet title suits clear up ownership and ensure the rightful owner has control of the property.