Detailed Answer
If you need to determine who legally owns a portion of land that belonged to your grandfather in South Dakota, start with documentary public records and basic facts. The very first step is to confirm the property’s legal description and where the official records are kept. That single action focuses every follow-up search and prevents wasted time.
Step 1 — Find the legal description and parcel identifier
Locate any papers you or family members already have: the deed, property tax bill, mortgage statement, plat map, or closing paperwork. These documents typically show:
- the legal description (not just the street address),
- the county where the land is recorded, and
- the parcel number or assessor’s ID.
If you cannot find any documents at home, check recent property tax statements (often available from the county assessor) or contact the county assessor’s office with the street address. The assessor can usually give you the parcel number and legal description that will be used in recorded documents.
Step 2 — Search recorded deeds at the county Register of Deeds
Once you know the county and legal description, go to the county Register of Deeds (some counties post records online). Search the chain of title by tracing recorded deeds backward from the most recent recorded conveyance. Look for:
- a deed transferring the property out of your grandfather’s name,
- whether the deed conveys the full parcel or only a portion (look at the metes and bounds, lot numbers, or acreage),
- any recorded wills, deeds reserving easements, plats, or subdivision maps that split the land, and
- any recorded liens, mortgages, or court orders affecting ownership.
The Register of Deeds holds the official real estate records for the county. If records appear missing or confusing, ask the registrar for help locating plats or older instruments tied to the legal description.
Step 3 — Check probate and court records
If your grandfather died, ownership may have been transferred through probate. Contact the county clerk of courts or check online court records for a probate file in your grandfather’s name. A probate docket or order distributing assets will show who inherited the property if it passed under a will or under South Dakota intestate succession rules.
Search for:
- probate case numbers, filings, and orders;
- deeds recorded after probate closing that show distribution to heirs;
- any petitions to sell or divide property filed in the probate or circuit court.
When the records don’t give a clear answer
If the deed chain, probate records, and tax records do not clearly identify the owner of that specific portion, the usual next steps are:
- order a professional title search through a title company or a title abstractor,
- consult a South Dakota real property attorney about a quiet title action to clear and declare ownership if title is disputed or clouded, and
- consider whether adverse possession, a partition action among co-owners, or an agreed boundary/settlement may apply.
Quiet title and partition are legal actions filed in South Dakota courts. For information about court procedures and filing, see the South Dakota Unified Judicial System: https://ujs.sd.gov/. For general access to South Dakota statutes, see the South Dakota Legislature website: https://sdlegislature.gov/.
Illustrative hypothetical
Example: you find a 1975 deed in the county Register of Deeds that grants “all of Lot 3” to your grandfather. A later 1998 deed shows one of your grandfather’s children conveyed “the east 10 acres of Lot 3.” That deed tells you the parcel was split; follow the chain from 1998 forward to see who holds the east 10 acres today and check for any recorded corrective instruments. If the 1998 conveyance does not appear in the tax records or property maps, you may need a title search and possibly a corrective deed or court action to resolve ownership.
Key records and offices to contact in South Dakota
- County Register of Deeds — recorded deeds, plats, maps.
- County Assessor — parcel number, tax history, maps.
- County Clerk of Courts / Probate Court — wills, probate files, orders.
- Title companies or licensed abstractors — professional chain-of-title searches.
To find county offices and contacts, use the South Dakota Association of Counties site or the county’s official website; many county offices list Register of Deeds hours and online record search links: https://sdcounties.org/.
Next steps if ownership remains unclear
If public records are incomplete, inconsistent, or contested, consult a South Dakota real property attorney. An attorney can:
- order a detailed title report,
- advise whether a quiet title, partition, or corrective deed is appropriate, and
- file necessary pleadings in South Dakota court to resolve ownership.
Many attorneys or title examiners will evaluate the situation and suggest the most cost-effective next move (for example, obtaining a full abstract versus filing a quiet title action).
Important: statutes that govern probate, property conveyances, and court actions are set by South Dakota law. For statute text and statutory waiting periods that might affect adverse possession, probate deadlines, or required notices, consult the South Dakota Legislature website: https://sdlegislature.gov/ or speak with a local attorney.
This is educational information only and is not legal advice. For advice about specific facts or to begin court proceedings, consult a licensed South Dakota attorney.
Helpful Hints
- Start locally: the county where the land lies controls the deed and probate filings.
- Collect any paperwork from relatives — even an old tax bill can give you the parcel number you need.
- Make copies of deed pages and take screenshots of online records; record numbers and book/page or instrument numbers speed searches.
- If a deed describes only “part of” a parcel, compare the legal description to the current plat or assessor map to know which portion is meant.
- Search probate records for wills or distribution orders — title often passes through probate rather than by a deed alone.
- Watch for recorded plats, easements, and subdivision documents that can change how a larger parcel is divided.
- When records are confusing or opponents claim ownership, get a title search or lawyer early — quiet title suits resolve clouds but take time and expense.
- Use public resources first: county Register of Deeds, county assessor, and the South Dakota Unified Judicial System (ujs.sd.gov) and state legislature site (sdlegislature.gov).