News - Monthly Archives: July 2016

West Virginia grants expansive implied property rights to owners of subsurface mineral estates. Such rights can be expansive. In West Virginia and other states with rich mineral resources, it is common for a property’s surface rights to be split from the subsurface mineral rights and held separately. When a separate owner holds mineral rights, its legal rights are extensive. The Whiteman Case In the 2013 West Virginia case of Whiteman v. Chesapeake, the Fourth Circuit …

Trespassing is considered a serious offense in the state of West Virginia. The laws surrounding trespassing are designed to protect personal property from theft or damage. Likewise, trespassing can lead to harassment or other issue that could impact personal safety. The consequences for breaking these laws can result in fines and periods of incarceration. While the laws are certainly effective, they can sometimes be confusing. It is important that people understand what is considered trespassing …