A mineral deed transfers all ownership rights in the assets under the surface of a tract of land—including oil, gas, coal, hydrocarbons, metals, and minerals—from the grantor (seller) to the grantee (buyer). The transfer also includes all rights to receive royalties, profits, or payments related to the assets under the surface of the land.
In South Dakota, a mineral deed is a legal document that transfers ownership of minerals and other subsurface assets from the grantor to the grantee. This includes not only the physical minerals but also the rights to any royalties, profits, or payments derived from the extraction and sale of these minerals. The deed must be in writing, contain a clear description of the property, the specific minerals or rights being conveyed, and comply with legal formalities such as being signed by the grantor and notarized. Once executed, the mineral deed should be recorded with the Register of Deeds in the county where the property is located to provide public notice of the transfer. South Dakota law governs the interpretation and enforcement of mineral deeds, and it is important for both grantors and grantees to understand their rights and obligations under such a deed. It is advisable for parties involved in the transfer of mineral rights to consult with an attorney to ensure that the deed is properly drafted and that all legal requirements are met.