property

Severed Mineral Estate (West Virginia)

In much of West Virginia, coal, oil, and gas have been severed from the surface, usually by deeds that except and reserve the minerals. The mineral estate is real property that can be sold, leased, inherited, and taxed separately, and its owner generally has reasonable use of the surface to reach the minerals. A surface-only seller cannot convey minerals. People acquiring mineral or timber interests or rights of way are exempt from licensing, and no-consideration mineral deeds are exempt from transfer tax.