Estate Law Questions? Ask an Estate Lawyer.
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It depends on the deed as to what was actually conveyed; normally in OK the mineral rights are usually severed from the surface rights, but one would need to view the deed to the property to see what was transferred at the time of sale.
It is possible, even if the mineral rights were transferred, to claim adverse possession. The elements are: actual, open, notorious, exclusive, hostile, and continuous possession or the property interest for a period of 15 years.
It would depend if there was a mineral deed issued on the property, as that can pass separately; one would need to go to the county recorder's office and look at the chain of title. If there is no mineral deed, then generally the mineral rights transfer with the general deed.
Under that theory, that would mean that the very original owner of the property would retain the mineral rights, and so that person's heirs would be entitled to the rights.
There is the adverse possession approach, also. I would urge you to get an experienced real estate attorney to handle that claim.
Yes, if royalties were received, that means that there is a deed referencing who is entitled to the royalties.
Yes, if there is a deed, that governs the mineral rights. It should have been discovered when the buyer did a title search.
You are most welcome! glad to have helped. Thank you and take care.