I HAVE HEARD THAT IF A WELL IS NOT PUMPED FOR A PERIOD OF 5 YEARS, THE WELL AND THE MINERAL RIGHTS RETURN TO THE LAND OWNER. I HAVE NO DEFINATE INFORMATION ON THIS.
Nancy Mosley said:
If I understand your situation, you could file an Affidavit of non production at the county court house stating that there has been no production for that period of years, and describing the property, legal description etc. I have seen this on some properties we have mineral interests in, in West Virginia, including one my aunt did. This would declare to anyone searching the records what you have stated. If you have a copy of the lease, read it carefully and see if it says anything about what the term is. Of course it is always best to consult an attorney familiar with oil and gas in West Virginia.