Who Owns the Minerals Under My Land? Understanding West Virginia’s Split Estates

If you own land in West Virginia, it might come as a surprise to learn that you don’t necessarily own what’s beneath it. In many parts of the state, the mineral rights have been separated from the surface property—a concept known as a “split estate.” For landowners, this can raise serious questions about rights, access, and control.

Here’s what you need to know if you’re trying to determine who owns the minerals under your property and what it means for you.

What Is a Split Estate?

A split estate occurs when the surface rights (the land you live on, farm, or use) and the mineral rights (resources like coal, oil, and natural gas underground) are owned by different parties. This legal division often dates back decades—sometimes over a hundred years—when landowners sold or leased their mineral rights to energy companies.

In many cases, the surface owner today has no idea the mineral rights were sold off generations ago.

Surface Rights vs. Mineral Rights

When ownership is split, the mineral rights owner generally has the legal authority to access the surface in order to extract the resources. This means drilling, building roads, or installing equipment could be permitted—even without your consent—depending on the language of the original lease or deed.

However, surface owners still have rights, including:

  • Reasonable Use Protections: The mineral rights holder must exercise their rights without causing unnecessary damage or interference.
  • Notification Requirements: In some cases, companies are required to give advance notice before beginning operations.
  • Surface Use Agreements: These are negotiated contracts that spell out what can and can’t be done on the land, helping to limit disruption.

How to Find Out Who Owns the Mineral Rights

If you’re unsure about the status of your mineral rights, you can take these steps:

  1. Review Your Deed: Start with your property deed. It may state whether mineral rights were included in the sale.
  2. Search County Records: The county clerk’s office or a title abstractor can trace ownership history and reveal prior mineral rights transactions.
  3. Hire a Lawyer or Landman: Legal professionals or certified landmen can help conduct a thorough title search and explain your rights based on current records.

What to Do If You Discover the Minerals Are Already Leased or Sold

If a company claims mineral rights under your land, don’t panic—but don’t ignore it either. It’s important to:

  • Verify the legitimacy of their claim by requesting copies of the lease or deed.
  • Negotiate a surface use agreement if they plan to access your property.
  • Consult with a lawyer to ensure your rights as a surface owner are being respected.

Even if you don’t own the minerals, you still have a say in how your land is treated.

Split estates can be confusing and sometimes frustrating for landowners. Whether you’re trying to determine ownership or you’ve been contacted by a drilling company, Persinger & Persinger can help you understand your rights and protect your property.

Note: This article is for general informational purposes only and is not legal advice. For help with mineral rights or land use issues, contact Persinger & Persinger directly.

What Landowners Should Know Before Signing a Mineral Rights Lease

Owning land in West Virginia can come with more than just scenic views—it may include valuable mineral rights beneath the surface. If a company approaches you with a mineral rights lease agreement, it might seem like a great opportunity. But before signing anything, it’s important to understand what you’re agreeing to and how it could affect your land long-term.

Key Clauses to Look For in a Mineral Lease

Not all leases are created equal. Some contracts favor the drilling company, while others provide stronger protections for the landowner. Here are a few critical terms to watch:

  • Royalty Rates: This is the percentage of profits you’ll receive from extracted resources. Make sure the lease clearly spells out the royalty structure, payment timing, and audit rights to verify accuracy.
  • Lease Duration and Extension Terms: Pay attention to how long the lease lasts—and whether it can automatically renew. Some leases include extension clauses that lock in long-term use with little input from the landowner.
  • Surface Use Agreements: Will the company be allowed to build roads, install pipelines, or set up drilling equipment on your property? These details matter. A separate surface use agreement can help protect your land from unnecessary disruption.
  • Shut-In Clauses: Some leases allow companies to delay production while still holding the lease active. This can affect your payments and land use.

Understanding Royalty Payments

Royalty payments are typically based on a percentage of the value of the minerals extracted—usually oil, gas, or coal. However, the calculation can vary based on deductions the company takes out for transportation, processing, or equipment costs.

Make sure your lease includes a clear explanation of:

  • What qualifies as a royalty-producing event.
  • When and how payments will be made.
  • Whether deductions are allowed—and if so, which ones.

Without clarity, royalty checks can end up being far smaller than expected.

Protecting Your Land from Environmental Damage

Mineral extraction can be hard on the land. Roads, well pads, spills, and heavy equipment can all take a toll on your property if not managed properly. To safeguard your land:

  • Negotiate a detailed surface use agreement or add protective language to the lease.
  • Require restoration clauses that obligate the company to repair any damage.
  • Limit access to certain areas of your property, like streams, farmland, or residential zones.

Having legal guidance during this process can help ensure the lease works for you—not just the drilling company.

Signing a mineral rights lease can be a smart financial move, but only if it’s done with full understanding of the terms and long-term impact. If you’ve been approached with an offer or already have a lease in hand, Persinger & Persinger can help you review the agreement, negotiate fair terms, and protect your rights as a landowner.

Note: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, contact Persinger & Persinger to learn how we can help.

How Much Is My Car Accident Claim Worth in West Virginia?

After a car accident, one of the first questions many people ask is, “How much is my case worth?” While there’s no universal answer, there are several key factors that determine the potential value of a personal injury claim in West Virginia. Understanding what goes into calculating compensation can help you set expectations—and avoid settling for less than you deserve.

What Factors Affect the Value of a Car Accident Claim?

Every car accident case is different, but here are the most common things that influence a settlement or court award:

  • Medical Expenses: This includes everything from emergency room visits and surgeries to physical therapy and future treatment. The more serious and long-lasting the injury, the more your medical costs will weigh into the claim.
  • Lost Wages and Earning Capacity: If you missed work due to the accident—or can’t return to your job at full capacity—you may be entitled to recover lost income. This can also include future earning potential if your injuries are permanent or long-term.
  • Pain and Suffering: These are the non-economic damages, like emotional distress, chronic pain, or reduced quality of life. While harder to quantify, they often make up a significant portion of the total compensation.
  • Property Damage: The cost to repair or replace your vehicle and any personal property damaged in the crash.
  • Fault and Liability: In West Virginia, if you are partially at fault for the accident, your settlement may be reduced by your percentage of fault. If you’re more than 50% responsible, you may not be able to recover compensation.

When Should You Settle—and When Should You Go to Court?

Most car accident claims settle out of court, but not all offers are worth taking. Here are a few signs it may be time to negotiate—or even consider filing a lawsuit:

  • The insurance company offers a lowball settlement early in the process.
  • Your medical condition hasn’t stabilized and you don’t know what your future expenses will be.
  • There’s a dispute over who was at fault.
  • The insurer is delaying, denying, or downplaying the extent of your injuries.

An experienced personal injury lawyer can help assess the value of your case and negotiate aggressively on your behalf. If a fair settlement can’t be reached, taking the case to court may be the best option.

Car accident claims involve more than just paperwork and bills—they involve your health, your finances, and your future. If you’ve been injured and want to understand what your case might be worth, Persinger & Persinger can help you navigate the process and fight for full and fair compensation.

Note: This article is for informational purposes only and does not constitute legal advice. To discuss the details of your situation, please contact Persinger & Persinger directly.

How Do I Know If I Have a Personal Injury Case in West Virginia?

After an accident, it’s normal to feel overwhelmed. On top of dealing with pain, stress, and financial pressure, you may be wondering whether you have the right to pursue a personal injury claim. In West Virginia, these types of cases depend on a few key legal elements—and knowing what to look for can help you figure out your next move.

This post breaks down what typically qualifies as a personal injury case, common situations where people seek compensation, and what to do if you think you have a claim.

Understanding the Basics: What Makes a Case?

To file a personal injury claim, your situation must usually meet the following criteria:

  • Someone had a duty to act responsibly. This could be a driver following traffic laws, a business keeping walkways clear, or a property owner maintaining safe conditions.
  • That duty was breached. Maybe someone was texting while driving, failed to clean up a spill, or ignored basic safety protocols.
  • You were injured as a result. This could include physical injury, emotional trauma, or financial loss directly tied to the incident.

West Virginia uses what’s called a “modified comparative fault” system. If you’re found to be 50% or more responsible for what happened, you might not be eligible to recover damages. If you’re less than 50% at fault, your compensation could be reduced proportionally.

Common Situations That May Lead to a Personal Injury Claim

Some of the most frequent types of personal injury cases in West Virginia include:

  • Car accidents: If another driver was careless or broke traffic laws, you may have a valid claim.
  • Slip and fall injuries: These often happen when businesses or property owners don’t maintain safe environments.
  • Medical errors: When a healthcare provider fails to meet the expected standard of care, the consequences can be life-altering.
  • Dog bites: Owners are typically responsible if their dog injures someone.
  • Work-related injuries: While many of these go through workers’ comp, outside parties (like equipment manufacturers) may be liable in some cases.

What to Do If You’ve Been Hurt

If you believe your injury may have been caused by someone else’s negligence, here are some practical first steps:

  • Get medical treatment immediately, even if your injuries seem minor at first.
  • Keep records: Save medical bills, take photos, and write down what happened while it’s still fresh.
  • Don’t post about it online: Social media posts can be used against you, even if you think they’re harmless.
  • Avoid giving detailed statements to insurance companies without legal guidance.
  • Talk to a lawyer: An attorney can help you understand whether your situation qualifies and what steps to take next.

Personal injury cases can be complex, especially when you’re trying to recover physically and emotionally. If you’ve been hurt and you’re unsure what to do, Persinger & Persinger is here to help. Reach out for a no-obligation consultation to learn more about your options and how we may be able to assist.

Note: This article is intended for general informational purposes only and does not constitute legal advice. For personalized guidance, contact Persinger & Persinger directly.

What Should I Say (or Not Say) to Insurance Adjusters After an Accident?

Typically after a car accident, you will receive a call from an insurance adjuster regarding the incident that occurred. What you say during these conversations is important because it can directly impact the outcome of your claim and potentially reduce your settlement. To avoid this, there are some general techniques and strategies on how to effectively handle this type of situation so that your claim is handled fairly in the future.  

 

  1.  
    1. Provide only essential information pertaining to the accident such as date, time, location and vehicles involved. Do not offer any opinions or provide speculation. For example, saying something to the degree of “I think the other driver was speeding;” or “I believe it was a green light,” could be used to challenge your credibility.
    2. Do not say “I’m sorry” or offer any admission of fault. West Virginia follows a modified comparative fault rule, meaning your compensation could be reduced or denied if you are found partially at fault for the accident. Let the investigators determine responsibility based on the evidence.
    3. Do not downplay any potential injuries. Many accident-related injuries, such as whiplash or internal injuries, don’t show symptoms immediately. If you tell an adjuster you are “fine” or “feeling okay,” they may argue that you were not actually injured. Instead, say you are seeking medical evaluation and avoid discussing your condition until you have a full medical assessment. 
    4. Do not consent to recording the call. Adjusters may ask for permission to record your conversation. While this might seem like a routine request, declining is in your best interest if there are any changes to your statements over the course of time. You are not legally required to give a recorded statement, so politely refuse.
    5. Refer to an attorney. If you have legal representation, direct all communications to your lawyer. Do not sign medical release forms or settlement agreements without consulting an attorney. Some documents waive your right to future compensation.
    6. Request written communication. Ask for all settlement offers and important information in writing to ensure clarity and prevent misinterpretation.
    7. Do not accept the first offer. Initial offers rarely cover long-term medical expenses, lost wages, or pain and suffering. Before accepting any offer, consult with an attorney who can evaluate the true value of your claim.

 

Why Legal Representation Matters

Dealing with insurance adjusters can be overwhelming, especially when you’re

recovering from an accident. Having an experienced personal injury attorney on your

side can make a significant difference in the outcome of your claim.

At Persinger & Persinger, we advocate for accident victims and ensure they are treated

fairly by insurance companies. If you’ve been injured in an accident, contact us today for

a free consultation before speaking with an insurance adjuster. We can assist you in handling negotiations to secure the best possible settlement.