West Virginia Code Chapter 37. Real Property § 37-7-2. Waste by cotenant

If a tenant in common, joint tenant, or parcener commits waste, he or she is liable to his or her cotenants, jointly or severally, for damages. The lawful use or development of oil or natural gas and their constituents in compliance with the provisions of § 37B-1-1 et seq. of this code is not the commission of waste.