58-2612a. Plat of original town or addition thereto of record prior to June 30, 1934; presumptions, application.
58-2612a
58-2612a. Plat of original town or addition thereto of record prior toJune 30, 1934; presumptions, application.In all cases where a plat of any original town or addition thereto hasbeen of record more than twenty-five (25) years and deeds executed by theperson or corporation platting the same and conveying lots or blocks insaid original town or addition have been of record more than twenty-five(25) years prior to the taking effect of this act, such deeds shall beconclusively presumed to have conveyed perfect title notwithstanding anydefect in the title of the grantor therein or the failure of the grantor'sspouse to join therein: Provided, That such presumption shall not beapplied in any action brought within one (1) year from the date this acttakes effect: Provided further, That such presumption shall not beapplied to divest any person of possession who is in actual or constructivepossession of such property: Provided further, That such presumptionshall not be applied to any instrument filed of record prior to therecording of such plat, which conveys or reserves a mineral interest or aroyalty interest.
In all cases where more than one (1) such plat has been filed on thesame lands and conveyances covering lots or blocks therein and executed bythe maker of one (1) of said plats have been of record more thantwenty-five (25) years and no conveyance executed by the maker of the otherplat is of record at the time of the taking effect of this act, the saidconveyance of record shall be conclusively presumed to have conveyed aperfect title: Provided, That such presumption shall not be applied inany action brought within one (1) year from the date this act takes effect:Provided further, That such presumption shall not be applied to divestany person of possession who is in actual or constructive possession ofsuch property: Provided further, That such presumption shall not beapplied to any instrument filed of record prior to the recording of suchplat which conveys or reserves a mineral interest or royalty interest.
History: L. 1959, ch. 262, § 1; June 30.