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.