Family has mineral rights in Marion County, WV but no surface rights. We have an offer to lease the minerals but it has terms that require us to agree to the lessee’s use of the surface. Is that normal or do they think we own the surface too?
You can strike the surface use terms.
Welcome to the forum. Most lease terms have various provisions regarding the surface such as burying pipeline below plow depth, set-off distance from a structure, etc. These are contained even where surface is not owned. You certainly do not want to represent ownership of the surface. The surface owner is typically entitled to damages for use of the surface. Check with a WV attorney to review the lease.
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