Need information on how to look into the mineral rights we have in south Dakota. My grandma was born on the reservation and her mother left her mineral rights. Have some documentation about the location, but we live in Texas. Any one who can help please let me know.
Norma, I would say that you need to file a statement of claim if you have not already done so. I have practically no experience with SD but I do know a bit about indian reservation minerals and some federal law that applies to it. First you need to pin down if you still own it, that a dormant minerals act [I'm not absolutely certain that SD has a dormant minerals act] and someone else claiming it has not stripped it from you. Determine where the minerals are by legal description, old deeds, leases and probates will help. If you still own it, file a statement of claim, the purpose of which is that your claim not be extinguished, It will also help people find you if they want to lease you. I'm sure you can record documents by mail. Call the county recorders office and ask them how they want you to format the claim, they may even have a form you can download. In North Dakota they will record a ham sandwitch if you leave 1-1/4 inches in the margin for the barcode and 3-1/2 inches for the seal at the bottom. If you don't leave those spaces, they just make you pay for an extra blank page to put them on. I think most recorders are non-judgemental, after all, you are saying it's true and they have no way to tell either way.
I am about to say something that needs a disclaimer. I am not a lawyer. I have had a lawyers advice on this subject and have read the law. The statement of claim could be vitally important and I would record it as soon as possible not worrying about slander of title. If someone has succeeded in title to the property you claim, you don't know that. To be slander of title, you have to know it is not yours, you have to claim it with reckless disregard and or malice aforethought and you have documents that as far as you know say it's yours. If someone else did actually own it and showed proof, the most you would likely have to do is record a correction document. The law on slander of title is an interesting read and shows just how hard it is to prove and I would say extremely hard to prove against someone who really didn't know. That said, I would suggest you consult your own attorney. I hope this helps.