- Most minerals in Alberta belong to the Crown, so buying rural land does not automatically mean you own what is underneath it.
- Your certificate of title shows whether you hold the surface only, the surface and minerals, or minerals only.
- A company working the minerals generally needs your consent or a Tribunal order before it can enter your land.
Buying an acreage or farmland often feels like buying everything from the fence line down. In Alberta, that is not always so. The land above and the minerals below can be owned by different people.
This article explains who usually owns minerals, how to tell what your title includes, how to search ownership, and what happens if a company wants to work the minerals under your land.
This article covers the law of Alberta.
Who owns minerals in Alberta
The Crown (Province) owns 81% of Alberta's mineral rights. The remaining non-Crown minerals cover about 19% of Alberta's lands.
One Alberta page splits that non-Crown share into 10.6% federal Crown minerals, mainly national parks and First Nations reserve lands, and 8.4% freehold (private) minerals.
Freehold minerals are privately owned property governed by provincial property laws. They are mostly held by corporations, religious organizations or trusts, with about 10% held by individuals.
Surface rights and mineral rights
A surface rights owner owns 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 you own freehold minerals, they 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.
Reading your certificate of title
The certificate of title is the best place to see what you actually own. Generally, it will fall into one of three types.
| Type of title | What to look for |
|---|---|
| Surface only | A reservation clause such as 'excepting thereout all mines and minerals' |
| Surface and minerals | May or may not include a reservation clause |
| Minerals only | Lists the granted minerals, such as 'all coal, petroleum and natural gas' |
A title that carries both surface and minerals means the surface owner also owns the minerals. If the wording is unclear, a lawyer can confirm what it means for your purchase.
How to search mineral ownership
Start by gathering the legal land description, the LINC number or the title number. Then 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 include an Alberta Registry Agent, the Alberta Land Titles Spatial Information System and, for lease holders, the Sales Results Map.
When a company wants to work the minerals
Owning the minerals does not let a company simply drive onto your land. An operator may not enter the surface for specified purposes until it has the consent of the owner and the occupant of the surface, or an order of the Land and Property Rights Tribunal. The Tribunal was previously named the Surface Rights Board.
An operator is generally the person with the right to a mineral or the right to work it, or its agent. Compensation and other terms are set under the Surface Rights Act, so get advice before you sign anything.
- Get the legal land description, LINC or title number.
- Search the title through SPIN2, ARLO or a registry agent.
- Read the title for a mineral reservation clause.
- Ask your lawyer what the title means for surface use.
- Do not sign an entry or lease agreement without advice.
Frequently asked questions
Do I own the minerals if I buy a farm in Alberta?
Not necessarily. The Crown owns 81% of Alberta's mineral rights, and a surface-only title includes a reservation clause for minerals. Your title shows what you hold.
Do I own the sand and gravel on my land?
A surface rights owner owns the surface and substances such as sand and gravel, but not the minerals.
What if I cannot find my title?
Alberta directs people to the Mines and Minerals Team at Energy and Minerals if a title cannot be found.
Can a company enter my land without my permission?
Generally not. It needs the consent of the owner and occupant, or an order of the Land and Property Rights Tribunal.
Sources
- Alberta.ca – Mineral ownership — alberta.ca
- Alberta.ca – Mineral Interests in Alberta — alberta.ca
- King's Printer Alberta – Surface Rights Act (S-24) — kings-printer.alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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