WVC 37 - 5 - 1
§37-5-1. Excavations near boundaries.
No owner or tenant of any land containing coal shall open or
sink, or dig, excavate or work in, any coal mine or shaft on such
land, within five feet of the line dividing such land from that
of another person or persons, without the consent in writing of
every person interested in, or having title to, such adjoining
lands in possession, reversion, or remainder, or of the guardian
of any such persons as may be an infant, or the committee of any
such person as may be insane or convict. If any person shall
violate this section, he shall forfeit five hundred dollars to
any person injured thereby who may sue for the same.