always provide a clear answer in every situation. When faced with inconsistent or conflicting approaches, examiners should note that in the opinion of the Oklahoma attorney general, where there is a conflict between a title examination standard promulgated by the Oklahoma Bar Association and the Oklahoma Statutes, the statutory provisions set out by the Legislature shall prevail. 13 Title Examiners and Inconsistent Approaches In many cases this is easier said than done— for in the field of oil and gas title examination, few concepts generate as much debate and variability in practice as the determination of marketable title. In practice, where clear title standards are lacking, examiners rarely reach uniform conclusions on marketability, owing to the inherently subjective nature of appraising title risks, where reasonable minds may differ. 14 Consequently, as Kraettli Q. Epperson (a longstanding and respected member of the Oklahoma Title Examination Standards Committee) rightly noted, Oklahoma title standards were developed – to minimize title transaction delays and disputes arising from differing approaches and attitudes between different examiners. 15 However, in this case the Oklahoma Title Examination Standards express alternative approaches regarding marketable title to severed mineral interests claimed under an heirship affidavit. 16 Examiners, therefore, must also rely on Oklahoma’s statutes and case law in such matters— leaving room for legitimate professional variation. Consequently, examiners historically adopt a conservative stance, erring on the side of caution to safeguard professional integrity and minimize liability exposure. This caution often results in the overemphasis of remote defects or improbable contingencies. 17 This conservatism is understandable— and often prudent—in an area where a single overlooked irregularity could lead to litigation or title rejection. Yet it can also impose unnecessary burdens on royalty payments post- Cline , where the presumptively marketable test may be all
that is required under the PRSA; rather than the more conservative conclusively marketable test established under the ten (10) year rule in the Simplification of Land Titles Act. 18 Establishing Marketable Title to Severed Mineral Interest from Decedent Affidavit of Heirship Regarding Severed Mineral Interests of Record for Ten Years: Under Section 67 of Oklahoma’s Simplification of Land Titles Act (the Act) 19 a claimant to a severed mineral interest (immediately or remotely through a decedent) may establish valid and marketable title to that interest via a recorded affidavit of death and heirship pursuant to Sections 82 and 83. This statute provides a curative mechanism specifically for severed minerals (not leasehold interests such as working interests or overriding royalties) , allowing title to become marketable against adverse claimants after ten (10) years of record, provided all conditions in subsection C are satisfied. To qualify for marketable title under this provision, the affidavit (or a recital of death and heirship in a recorded title transaction) must meet these five requirements: 1. State that the decedent died intestate, or if testate, that the will was never probated in Oklahoma (with a copy attached); 2. List the names of the decedent’s heirs and their relationships to the decedent; 3. Affirm that the maker is related to the 13 Okl. A.G. Opin. No. 79-230. 14 Paul E. Basye, Clearing Land Titles § 4 (2nd ed 1970). 15 Kraettli Q. Epperson, Oklahoma Title Examination Standards: Providing Guidance Since 1946, https://www.okbar.org/ barjournal/june-2024/oklahoma-title-examination-standards- providing-guidance-since-1946/#_edn9 16 Oklahoma Title Examination Standards §§ 3.2 and 3.2.1. 17 Id. Paul E. Basye, Clearing Land Titles § 4 (2nd ed 1970). 18 Oklahoma Title Examination Standards §§ 29.1-29.6 (Stating the Simplification of Land Titles Act, 16 O.S. §§ 61-63, 66, . . . is remedial in character and should be relied upon with respect to such claims or imperfections of title as fall within its scope.) 19 Simplification of Land Titles Act, 16 O.S. §§ 61-68.
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G rowth T hrough E ducat i on - J anuary / F ebruary / M arch 2026
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