§16-74. Filing of notice of claim - Disability or lack of knowledge

276 words·~1 min read·/ok/title-16-conveyances/16-74

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

- Thirty-year possession as deemed equivalent to filing notice.

(a)Any person claiming an interest in land may preserve and keep effective such interest by filing for record during the thirty- year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in writing, duly verified by oath, setting forth the nature of the claim. No disability or lack of knowledge of any kind on the part of anyone shall suspend the running of said thirty-year period. Such notice may be filed for record by the

claimant or by any other person acting on behalf of any claimant who is

(1)under a disability,

(2)unable to assert a claim on his own behalf, or

(3)one of a class, but whose identity cannot be established or is uncertain at the time of filing such notice of claim for record.

(b)If the same record owner of any possessory interest in land has been in possession of such land continuously for a period of thirty

(30)years or more, during which period no title transaction with respect to such interest appears of record in his chain of title, and no notice has been filed by him or on his behalf as provided in subsection (a), and such possession continues to the time when marketability is being determined, such period of possession shall be deemed equivalent to the filing of the notice immediately preceding the termination of the thirty-year period described in subsection (a). Added by Laws 1963, c. 31, § 4. Amended by Laws 1970, c. 92, § 3, eff. July 1, 1972.