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West Virginia law

Real Estate Laws in West Virginia.

West Virginia real-estate law is governed by Chapter 36 (Estates and Property) and Chapter 38 (Liens) of the West Virginia Code. West Virginia uses the deed of trust as the standard residential security instrument with non-judicial foreclosure authorized under W. Va. Code § 38-1. West Virginia's real-property practice is distinctive for its extensive severed mineral-rights regime — surface and mineral estates are routinely severed, with natural gas (Marcellus Shale) and coal ownership often separated from the surface estate.

Last verified: 2026-04-20

State law

Key West Virginia Statutes

Estates and PropertyW. Va. Code ch. 36

West Virginia's principal real-property title — covering deeds, conveyances, easements, and mineral-rights severance.

Deeds of Trust — ForeclosureW. Va. Code § 38-1

West Virginia authorizes non-judicial foreclosure of deeds of trust, subject to statutory notice requirements.

Surface Owners' Bill of RightsW. Va. Code § 22-7

Regulates oil-and-gas surface-use disputes — imposes notice, good-faith negotiation, and damages requirements on operators entering severed surface estates for mineral extraction.

Horizontal Well Control ActW. Va. Code § 22-6A

Regulates horizontal drilling (hydraulic fracturing) operations — central to West Virginia Marcellus Shale practice.

State law

Official Sources

West Virginia Legislature — Code Ch. 36 (Estates and Property)West Virginia Department of Environmental Protection — Office of Oil and Gas

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.

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