How to Lease Mineral Rights in West Virginia
In West Virginia, much of the land has already been divided up in ownership between surface land and sub-terrain, so finding a property that is not already owned or being leased for its mineral rights is the biggest issue. Ownership is filed with counties and it is at that level the search for available land should begin. Once land is located, the leasing process can start.
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Instructions
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Contact the owner of the land about a lease of mineral rights. Offer a rental fee for the use of the land so you can have right of way to access your equipment and for access to the sub-terrain level of the property. Typically, leases also involve royalties for the minerals that are extracted. The owner might be wary because of the poor surface rights laws in West Virginia. Mineral rights owners take priority over surface owners and, in West Virginia, often have a reputation for damaging land and property without paying restitution. Assure the land owner you will not do these things.
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Contact an attorney and request the paperwork be drawn up for a lease. West Virginia has many lawyers specializing in energy and mineral rights law. Give him the needed information including the property location, fees and length of time the lease will last. Make sure the contract is fair and includes assurances to the land owner that you will not take advantage of the West Virginia laws that give you preference. Remember it is a lease and if you do not treat the owner well, they may not renew the lease.
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Sign the lease paperwork along with the owner in front of witnesses and a notary. In West Virginia, typically the one wanting to lease the rights does the paperwork. The attorney will file all necessary paperwork, such as the right of way and temporary ownership of mineral rights. In West Virginia, this will give you ownership of all subsurface material, whether it is valuable or not, for the length of the lease.
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References
- Photo Credit West Virginia state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
