In WV, if I do not own the mineral rights beneath my surface property, can a Oil & Gas company enter onto and destroy my surface

I do not practice law in WV, but I do practice oil and gas law. In many states (I do not know about WV), the mineral estate is dominant over the surface estate. This means that if you don't own the minerals, and someone else does, that the mineral rights owner can enter into an oil and gas lease for the property. Because the mineral estate is dominant, the mineral rights owner, and the oil and gas company it leased with, have the right to enter the property to extract the minerals. If WV is like Texas, you do not have the right to stop them unless they are unreasonably interfering with your use and enjoyment of the property. There is an obligation on the part of the mineral owners and their oil and gas company to accommodate your use, and not damage your surface structures like houses, barns, etc. Think about it this way, you don't have the right to stop the mineral owner from getting at the minerals he owns unless he is unreasonably damaging your property to get those minerals.

If the oil company is simply driving onto the property, building access to the drill site, drilling wells and behaving like a reasonable operator, then you don't have much recourse. I suggest you contact a local attorney to look into enjoining the oil and gas company from damaging your property if you and the attorney believe that they are unreasonably damaging your property.

I hope that this is helpful.