Property Ownership

West Virginia mineral rights can be passed to heirs through a will or intestate succession, just like surface rights. This means mineral rights are:

APersonal property that must be specifically listed in a will

BReal property that can be devised by will or inherited under intestate succession laws✓ Correct

CGovernment property that reverts to the state upon death of the owner

DSubject to a 5-year statute of limitations if not claimed by heirs

Explanation

Mineral rights, as a type of real property interest, can be devised (given by will) or inherited through intestate succession just like surface rights. Heirs of severed mineral estates hold real property interests.

People Also Study

Key Terms to Know

Tenancy in Common

Co-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.

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.

Amortization

The gradual repayment of a loan through scheduled periodic payments that cover both principal and interest.

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).