# Marion County Lease with Surface Use

**URL:** https://www.mineralrightsforum.com/t/marion-county-lease-with-surface-use/82604
**Category:** Marion County, WV
**Created:** [July 26, 2025, 1:47am UTC](https://www.mineralrightsforum.com/t/marion-county-lease-with-surface-use/82604 "2025-07-26T01:47:22Z")
**Posts on this page:** 3
**Page:** 1

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### Author: ![MarionLessor](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/marionlessor/32/21937_2.png) [@MarionLessor](https://www.mineralrightsforum.com/u/MarionLessor)
#### Post date: [July 26, 2025, 1:47am UTC](https://www.mineralrightsforum.com/t/marion-county-lease-with-surface-use/82604/1 "2025-07-26T01:47:22Z")

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My family has some mineral rights in Marion County, West Virginia, but no surface rights. This is approximately 105 NMA. We have an offer to lease the minerals, but the lease has terms that require us to agree to the lessee’s use of the surface (e.g., roads, well pads, water detention, etc). Is it normal that an energy company would use that language in a lease, or do they think we own the surface too?

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### Author: ![Petroleum9202](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/petroleum9202/32/21745_2.png) [@Petroleum9202](https://www.mineralrightsforum.com/u/Petroleum9202)
#### Post date: [July 27, 2025, 4:41pm UTC](https://www.mineralrightsforum.com/t/marion-county-lease-with-surface-use/82604/2 "2025-07-27T16:41:44Z")

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@MarionLessor - All lease agreements have surface language. It doesn’t mean you own surface rights unless you have a deed ​filed of record showing you own the property; additionally, you would be subject to property taxes for the surface rights every year by Marion County. The lease you received from the drilling operator is for a portion of the mineral estate out of the 105 gross acres. Please reach out to the Petroleum Landman who presented the lease and ask him/her questions or you can reach out to a Petroleum advisor or an oil and gas attorney.

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### Author: ![system](https://www.mineralrightsforum.com/uploads/db5755/original/3X/6/c/6c7c56608c843272ad6e3662ce9562a5956f173e.png) [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [October 24, 2025, 1:48am UTC](https://www.mineralrightsforum.com/t/marion-county-lease-with-surface-use/82604/3 "2025-10-24T01:48:05Z")

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