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§ 236a.Party Defendants In Real Property Actions

Chapter 7: Parties · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 236a lets a plaintiff in a real-property action name as a defendant anyone who appears to claim an interest in the property, using boilerplate language in the petition that covers any right, title, or claim the defendant might have without spelling out the specific reason for including them.

Full Text of § 236a

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In an action involving real property any person appearing in any manner in the title thereto, or claiming or appearing to claim some interest in the real property involved, may be included as a party defendant by naming such person as a party defendant in the caption of such petition; and when such person is made a defendant in the body of the petition under the appellation of substantially the following words "said defendant named herein claims some right, title, lien, estate, encumbrance, claim, assessment or interest in and to the real property involved herein, adverse to plaintiff which constitutes a cloud upon the title of plaintiff and defendant has no right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity, in and to the real property involved herein", that same is sufficient to include any and all claims, known or unknown, that such defendant may have in and to the real property involved in such case, it not being necessary to set out the reason in the petition, or other pleading, for such person being made a party defendant.

Amendment History

Laws 1961, HB 790, p. 61, § 1.

Plain-English Summary

In an action involving real property, anyone appearing in any manner in the title, or claiming or appearing to claim some interest in it, may be named a party defendant in the petition's caption. When the petition's body describes that defendant using substantially the statute's own quoted language, that the defendant claims some right, title, lien, estate, or interest adverse to the plaintiff constituting a cloud on title, and that the defendant has none, that language alone is enough to reach any and all claims the defendant may have, known or unknown.

The plaintiff doesn't have to explain, in the petition or any other pleading, the specific reason for naming that person as a defendant. This is the mechanism behind Oklahoma quiet-title practice for joining unknown or uncertain claimants, and it works alongside the real-property venue rules in §§ 131 and 132.

Frequently Asked Questions

Who can be named a defendant in an Oklahoma quiet title or real property action?

Anyone appearing in any manner in the title, or who claims or appears to claim some interest in the property, may be named as a party defendant.

Do I have to explain why I'm naming a particular defendant?

No, the statute says it isn't necessary to set out the reason in the petition for making that person a defendant.

What language does the petition need to cover all of a defendant's possible claims?

Substantially the statute's own quoted language, that the defendant claims some right, title, lien, estate, or interest adverse to the plaintiff constituting a cloud on title, and that the defendant has none.

Does this cover claims the defendant hasn't made yet or doesn't know they have?

Yes, using that language is sufficient to include any and all claims, known or unknown, the defendant may have in the property.

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: Oklahoma quiet title unknown claimantsparty defendants real property Oklahoma12 O.S. § 236acloud on title defendant language Oklahoma