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:
- Review Your Deed: Start with your property deed. It may state whether mineral rights were included in the sale.
- Search County Records: The county clerk’s office or a title abstractor can trace ownership history and reveal prior mineral rights transactions.
- 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.
