Oil and Gas Disputes in Doddridge and Harrison County: When to Call a Lawyer

Doddridge and Harrison Counties are known for high levels of oil and gas activity—but with that comes a rise in disputes between landowners and drillers.

Common Disputes We See:

  • Unpaid or reduced royalties
  • Property damage from trucks, spills, or construction
  • Lease violations or expired agreements still being used

Why This Is Common Here:
 With thousands of active wells in the area, energy companies often prioritize volume over individual landowner agreements—and many landowners don’t realize when their rights are being violated.

When to Call a Lawyer:

  • Your royalty payments stop or drop dramatically
  • Your property is damaged and they refuse to fix it
  • You’re being pressured to sign an extension you don’t understand

Persinger & Persinger fights for landowners in Doddridge and Harrison County to ensure their contracts are honored and their rights are protected.

Note: This content is for informational purposes only and does not constitute legal advice.

Understanding Forced Pooling Laws in Marshall and Ohio Counties

If you own land in Marshall or Ohio County, you may have heard of “forced pooling.” But what does it mean—and how could it impact your land?

What Is Forced Pooling?
 It’s when a drilling company is allowed to extract gas from your land—even if you didn’t agree—because enough of your neighbors signed leases.

Why It’s Important in Marshall & Ohio Counties:
 These counties are heavily drilled, and pooling applications are increasingly common. You could be added to a drilling unit without your full consent.

What You Can Do:

  • Attend the state Oil and Gas Conservation Commission hearing
  • Challenge the terms or seek better compensation
  • Negotiate surface use protections even if pooling is approved

Persinger & Persinger helps landowners understand and respond to forced pooling actions so they’re not left out of the conversation—or the compensation.

Note: This content is for informational purposes only and does not constitute legal advice.

 Protecting Your Property During Pipeline Construction in Pleasants County

Pleasants County landowners are seeing more pipeline easement requests than ever before. These agreements may seem simple—but they have long-lasting consequences.

What Can Go Wrong?

  • Construction damage to farmland or timber
  • Permanent roads built without your consent
  • Erosion or drainage problems that lower land value

Your Rights as a Landowner:

  • You can negotiate the location and terms of pipeline construction
  • You can require restoration or compensation for damages
  • You can refuse the offer if the terms aren’t right

Persinger & Persinger works with landowners in Pleasants County to negotiate strong easement agreements that preserve the value and integrity of their property.

Note: This content is for informational purposes only and does not constitute legal advice.

How to Track and Audit Your Oil & Gas Royalties in Harrison and Wetzel Counties

If you’re receiving royalties from oil and gas wells in Harrison or Wetzel County, how do you know if the payments are correct?

Warning Signs:

  • Sudden drops in payments without explanation
  • Vague or missing payment records
  • Royalty deductions for costs not listed in your lease

Why This Matters Locally:
 Many landowners in these counties are underpaid or not paid at all—especially when companies transfer ownership of the wells.

How to Protect Yourself:

  • Request full production statements
  • Compare payments to lease terms
  • Have your royalties independently audited

Persinger & Persinger helps landowners identify royalty underpayments and fight for the compensation they’ve earned.

Note: This content is for informational purposes only and does not constitute legal advice.

What Every Landowner in Tyler and Wetzel Counties Should Know Before Signing a Gas Lease

If you own property in Tyler or Wetzel County, you’ve probably been approached by an oil and gas company about leasing your mineral rights. This area is a hub of Marcellus Shale development, making it a high-interest target for energy companies.

Before signing anything, it’s critical to know exactly what the lease means—and how it can affect your land and income for years to come.

Key Lease Issues to Watch For:

  • Royalty Clauses: Are deductions allowed? How is payment calculated?
  • Surface Use Rights: Can the company place roads, pipelines, or tanks on your land?
  • Environmental Protections: Is there any language that protects your water supply or farmland?
  • Shut-In Clauses: These can let companies hold your lease indefinitely without drilling.

Why This Matters Locally:
 Energy development in Tyler and Wetzel is booming. Unfortunately, many leases are drafted by company lawyers—not for your benefit. Local landowners need local legal help to review, negotiate, and enforce fair lease terms.

Persinger & Persinger helps landowners across northern West Virginia protect their land and financial interests before signing away mineral rights.

Note: This content is for informational purposes only and does not constitute legal advice.

What Happens If a Drilling Company Damages My Property?

In West Virginia, oil and gas development is a major industry—but it can come with real consequences for property owners. If a drilling company damages your land, buildings, or water supply, it can be difficult to know what your rights are or how to get fair compensation.

Here’s a breakdown of what landowners should understand when dealing with property damage caused by mineral or energy operations.

Drilling Companies Can Be Held Liable for Damage

Even if a company has the right to access your land for mineral extraction, that doesn’t give them a free pass to cause harm. They are still legally obligated to use “reasonable care” and minimize disruption to the surface.

Common types of damage include:

  • Ruts or erosion from heavy equipment
  • Damaged fencing or outbuildings
  • Contaminated water sources from spills or runoff
  • Soil degradation
  • Excessive noise or light pollution

If a company fails to prevent avoidable damage—or ignores proper restoration—there may be grounds for a legal claim.

What Landowners Can Do When Damage Occurs

If your property has been affected by drilling activity, here are steps you can take:

  1. Document the Damage: Take detailed photos and videos. Make notes of when the damage occurred and how it has affected your use of the property.
  2. Request Restoration or Compensation: Reach out to the company directly and ask for repairs, cleanup, or payment. In many cases, companies will resolve issues without legal involvement if there’s clear evidence.
  3. Review the Lease: If there is a surface use agreement or lease in place, it may include terms that require the company to restore the land or pay for damages.
  4. Consult an Attorney: If the company denies responsibility or fails to act, legal help may be needed to pursue fair compensation.

Legal Tools for Landowners

A lawyer can help you take several legal approaches to address the issue, such as:

  • Negotiating a settlement with the company for repairs or financial compensation
  • Filing a civil lawsuit for property damage, trespass, or nuisance
  • Pursuing environmental claims if contamination or pollution is involved

Every situation is different, but with experienced legal guidance, you don’t have to accept damage to your land as the cost of doing business.

Drilling companies are required to act responsibly when operating on or near private land. If your property has been damaged, Persinger & Persinger can help you explore your options, build a case, and negotiate for the outcome you deserve.

Note: This article is intended for informational purposes only and does not constitute legal advice. For assistance with property damage or surface rights issues, contact Persinger & Persinger directly.

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.