Land Use & Zoning
A West Virginia coal company holds a broad form deed from the 1920s allowing extraction of minerals 'in any manner whatsoever.' Courts in neighboring states have limited such deeds. In West Virginia today:
ASuch deeds are automatically void after 50 years
BSuch broad form mineral deeds may still be enforced, but WV law provides some surface owner protections✓ Correct
CAll mineral rights revert to the state after 100 years
DFederal law overrides all state mineral rights provisions
Explanation
West Virginia's broad form mineral deeds (common in early 20th century coal country) remain generally enforceable, though state law including the WV Surface Coal Mining and Reclamation Act and WV Human Resources Act provide some protections for surface owners against the most destructive extraction methods.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Deed of TrustA security instrument used in many states instead of a mortgage, involving three parties: borrower (trustor), lender (beneficiary), and a neutral trustee.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
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