A. Any person or any entity having an interest or claiming an interest with respect to any parcel of real property who in good faith asserts that there is an instrument filed in the real property records of the county in which the real property, or some portion of the real property, is located and who would otherwise be required to file a quiet title action with respect to the parcel pursuant to the provisions of Section 1141 of Title 12 of the Oklahoma Statutes, may use the procedures authorized by this act to attempt to remove a cloud or an apparent cloud on the title of the real property by requesting a respondent to prepare a curative instrument or to take corrective action.
§ 1141.3.Procedures Alternative to Quiet Title Action to Remove Cloud On Title
Chapter 20: Actions Regarding Real Property · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1141.3 lets anyone who could otherwise sue to quiet title instead send the person who filed the clouding instrument a notice requesting a curative instrument or other corrective action, without giving up the right to sue if that fails.
Full Text of § 1141.3
B. The provisions of this act are permissive and shall not be required as a condition precedent to the filing of a petition to quiet title pursuant to Section 1141 of Title 12 of the Oklahoma Statutes.
C. If making a request pursuant to this act, the requestor shall send a notice to the respondent which shall include:
1. The specific identity of the person or entity requesting the respondent to execute or to execute and deliver a curative instrument or take other corrective action the purpose of which is to remove a cloud or an apparent cloud on the title of the subject parcel;
2. A specific identification of the conveyance, instrument or other document, by reference to:
a. the county or counties in which the instrument or document is filed for record,
b. the book and page number in which the instrument or other document is recorded,
c. the identity of the grantor or the person or entity subscribing the instrument, (if different than the identified grantor),
d. the identity of the grantee or grantees,
e. the legal description of the real property contained in the instrument,
f. the date the instrument was executed,
g. the date the instrument was filed for record, and
h. such other information as may be required in order for the respondent to know with reasonable certainty the exact instrument or instruments to which the requestor is referring;
3. The nature of the assertion by the requestor regarding the effect of the instrument or document as a cloud or an apparent cloud upon the title of the subject parcel; and
4. The nature of the corrective action sought by the requestor, including, but not limited to, the exact instrument or conveyance which the requestor would accept from the respondent as a curative instrument or other corrective action.
D. The requestor shall prepare and send with the notice the exact instrument or conveyance which the requestor would accept from the respondent as a curative instrument or other corrective action.
Amendment History
Added by Laws 2000, HB 2024, c. 147, §3, eff. 11/1/2000.
Plain-English Summary
Subsection A opens an optional path for someone facing a cloud on title created by a recorded instrument: instead of heading straight to a quiet title lawsuit under Section 1141, they can send the party who filed the instrument a notice asking that party to execute a curative document or take some other corrective step. Subsection B makes clear this process is permissive -- nothing in the act requires trying it before filing a quiet title petition.
Subsections C and D spell out what the notice must contain: who's asking, precise identification of the recorded instrument (the county, book and page, grantor, grantee, legal description, and execution and filing dates), the nature of the claimed cloud, and exactly what corrective action or curative instrument the requestor wants. The requestor also has to prepare and send along the actual document -- the curative instrument or conveyance -- that they'd accept as fixing the problem.
Frequently Asked Questions
Do I have to try this notice process before filing a quiet title lawsuit in Oklahoma?
No. Section 1141.3(B) makes the procedure permissive, not a condition precedent to filing a quiet title petition under Section 1141.
What has to be in the notice sent to the person who filed the clouding instrument?
The requestor's identity, a detailed identification of the recorded instrument (county, book and page, grantor, grantee, legal description, and dates), the nature of the claimed cloud, and the specific corrective action or curative instrument sought.
Does the requestor have to draft the fix themselves?
Yes. Subsection D requires the requestor to prepare and send, along with the notice, the exact instrument or conveyance they'd accept as curing the problem.
Who can use this procedure?
Any person or entity with an interest, or claiming an interest, in a parcel who in good faith believes a recorded instrument creates a cloud or apparent cloud on the title.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: remove cloud on title without lawsuit oklahomacurative instrument request oklahoma12 O.S. § 1141.3notice to clear title cloud oklahoma