§16-72. Title subject to certain interests and defects.
293 words·~1 min read·
/ok/title-16-conveyances/16-72A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Such marketable record title shall be subject to:
(a)All interests and defects which are inherent in the muniments of which such chain of record title is formed; provided, however, that a general reference in such muniments, or any of them, to interests created prior to the root of title shall not be sufficient to preserve them, unless specific identification be made therein of a recorded title transaction which creates such interest.
(b)All interests preserved by the filing of proper notice or by possession by the same owner continuously for a period of thirty
(30)years or more, in accordance with Section 74 of this title.
(c)The rights of any person arising from a period of adverse possession or user, which was in whole or in part subsequent to the effective date of the root of title.
(d)Any interest relating to a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record is started; provided, however, that such recording shall not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of Section 73 of this title.
(e)The exceptions stated in Section 76 of this title as to rights of reversioners in leases, as to severed mineral or royalty interests, as to easements and interests in the nature of easements, and rights granted, reserved or excepted by instruments creating such easements or interests, or restrictions or agreements which are part of a subdivision development plan, and as to interests of the United States. Added by Laws 1963, c. 31, § 2. Amended by Laws 1970, c. 92, § 2, eff. July 1, 1972.