West Virginia - Oil & Gas / Mining

摘要

Earlier this year, the West Virginia legislature enacted the Uniform Real Property Transfer on Death Act (URPTODA), W. Va. Code §§ 36-12-1 to -17, which authorizes the use of transfer on death (TOD) deeds. This marks the first major change in West Virginia conveyancing laws since the statutes relating to the creation of joint tenancy with the right of survivorship were amended in 1981. As enacted, the URPTODA will permitmineral owners to make full use of the TOD deed in the disposition of mineral ownership, since the Act makes no exception for mineral ownership, even though TOD deeds will likely further complicate questions of mineral ownership under West Virginia law.