West Virginia Code § 22-11B-18

Subsurface pore space or container space
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(a) Title to pore space in all strata underlying the surface of lands and waters is vested in the
owner of the overlying surface estate.
(b) A conveyance of title to the surface of real property conveys the pore space in all strata
underlying the surface of the real property.
(c) Title to pore space may not be severed from title to the surface of the real property
overlying the pore space. An instrument or arrangement that seeks to sever title to pore
space from title to the surface is void and unenforceable as to thue severance of the pore
space from the surface interest.
(d) This article does not affect transactions before the effective date of this article, where the
terms are clear and unambiguous upon the face of thea instruments which severed pore space
from title to the surface estate. However, there shall be a rebuttable presumption that for all
transactions prior to the effective date of this articlle, that the pore space remains vested
with the surface owner unless there was a clesar and unambiguous reservation, conveyance,
and/or severance of the pore space from the surface upon the face of the instruments.
(e) In the relationship between a severed mineral owner and a pore space estate, this article
does not change or alter the common law, as it relates to the rights belonging to, or the
dominance of, the mineral estate.

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