Property Ownership

A West Virginia property owner sells the surface rights but retains the mineral rights. The mineral rights owner's interest is:

AExtinguished when surface is sold
BA separate fee simple estate in the minerals✓ Correct
CA license to extract minerals
DA leasehold interest subordinate to surface owner

Explanation

In West Virginia, mineral rights can be severed from surface rights and held as a separate fee simple estate. The mineral rights owner has a dominant estate and the right to use the surface to access minerals, which can create conflicts with surface owners.

Related West Virginia Property Ownership Questions

Practice More West Virginia Real Estate Questions

1,500+ questions covering all exam topics. Start free — no signup required.

Take the Free West Virginia Quiz →