What is the legal approximate characterization of mineral ownership in West Virginia?

Mineral ownership in West Virginia is characterized as "ownership in place," which means that the owner of the minerals has rights to the minerals that are located below the surface of their property. This principle affirms that the ownership extends down to the mineral resources that lie beneath the land, giving the owner a vested interest and right to extract those resources.

The concept of ownership in place is vital in distinguishing how mineral rights are treated in the context of property law. Unlike transient or leasehold ownership, which emphasize temporality and specific agreements, ownership in place provides a more permanent and intrinsic right associated with the land. This permanence sees the landowner holding rights to whatever minerals are found on or under their property without needing additional agreements for each extraction. Mineral rights can be sold, leased, or inherited separately from the surface rights, but the fundamental understanding rests on the idea that owning the land includes the minerals beneath it.

In contrast, transient ownership would suggest a temporary claim, which doesn't accurately reflect the nature of mineral ownership in West Virginia. Fractional ownership implies that multiple parties hold portions of the same rights, which does not address the individual ownership aspect. Leasehold ownership pertains to rights held under a leasing agreement and thus separates the user from full ownership of the minerals