How to Check If Your Alberta Land Title Includes Mineral Rights

Buying or owning an acreage or farmland in Alberta often raises a simple question: do you own what is under the ground? Many people assume a land title covers everything beneath the surface, but in Alberta the surface and the minerals can be owned by different people.

This guide walks you through the practical steps: what to have ready, where to search, how to read the wording on a title, and what the answer generally means for you. For a purchase or a dispute, a lawyer can confirm how it applies to your land.

This article covers the law of Alberta.

Why the answer is often not what you expect

The Crown (the Province) owns about 81% of Alberta's mineral rights, roughly 53.7 million hectares. The remaining mineral rights, about 19% of Alberta's lands, are not Crown-owned.

Alberta's breakdown of those non-Crown minerals is about 10.6% federal Crown minerals, mainly national parks and First Nations reserve lands, and 8.4% freehold (private) minerals. Freehold minerals are mostly held by corporations, religious organizations or trusts, with about 10% held by individuals. So for many private landowners, someone else holds the minerals.

What to gather before you search

Before searching, collect the details that identify your land.

• The legal land description of the property.
• The LINC number, or the title number.
• Your current certificate of title, if you already have a copy.
• Any purchase documents that mention minerals or reservations.

Where to search

Once you have those details, you can search through SPIN2 or Alberta Registry for Land Online (ARLO), or request a search through a local registry agent.

If a title cannot be found, Alberta directs people to the Mines and Minerals Team at Energy and Minerals. Other routes listed include an Alberta Registry Agent, the Alberta Land Titles Spatial Information System and the Sales Results Map for lease holders.

How to read the wording on your title

The certificate of title shows what interest is held. There are three common patterns.

Because the clause wording can vary, and a surface-and-minerals title may not include any reservation clause at all, it is worth having a lawyer confirm your reading if the decision matters, such as before you buy.

What the answer means for you

If your title carries both surface and minerals, the surface owner also owns the minerals. Freehold mineral rights are private property that can be bought, sold, leased or passed down, with agreements managed between private parties. Freehold mineral owners pay Freehold Mineral Tax on revenue derived from production.

If you own only the surface, you own the surface and substances such as sand and gravel, but not the minerals. The mineral owner may explore for and recover minerals but must do so reasonably so as not to significantly affect surface use.

If someone wants to enter your land to work minerals, the operator generally needs the consent of the owner and the occupant, or an order of the Land and Property Rights Tribunal.

• If consent is not obtained, the Tribunal may grant a right of entry order for activities such as pipelines, power or telephone lines, and mining or drilling.
• A right of entry order covers a specified portion of land and may carry conditions the Tribunal panel considers appropriate.
• Unless the order says otherwise, it does not give the operator a certificate of title or the right to take sand, gravel or clay.
• When the Tribunal sets compensation, it may consider market value, loss of use, adverse effect on the remaining land, nuisance, damage to the land and other factors it considers proper.
• You and the operator can instead sign a surface lease agreement, which can replace a right of entry order.

What to do next

• Gather your legal land description, LINC number or title number.
• Run a search through SPIN2, ARLO or a registry agent.
• Read the title for a reservation clause or a list of granted minerals.
• If no title turns up, contact the Mines and Minerals Team at Energy and Minerals.
• Talk to a lawyer before buying, or if a company asks to access your land, and consider an accountant for tax questions on any mineral revenue.

Frequently asked questions