Property Ownership
A West Virginia property owner who conveys the surface rights while retaining the mineral rights is creating:
AA joint tenancy
BA severed estate where surface and mineral rights are separately owned✓ Correct
CAn easement appurtenant
DA life estate in the surface only
Explanation
Severance of mineral rights from surface rights creates two separate ownership estates — the surface estate (conveyed) and the mineral estate (retained). Each can be separately owned, transferred, and encumbered.
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Key Terms to Know
Joint Tenancy
Co-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.
EasementA non-possessory right to use another person's land for a specific purpose.
Life EstateA freehold interest in real property that lasts only for the duration of a specified person's life.
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
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