Overview

In Alberta, the Surface Rights Board generally divides the Types of Entry onto private land into three categories:

  1. a) Oil and Gas Surface Leases wherein the full surface of the land is compensated for with the Fair Market Land Value, General Disturbance, Adverse Effects and Loss of Use being the four heads of compensation in the first year. An annual compensation, consisting of the Adverse Effect and Loss of Use, is also paid thereafter
  2. b) Pipeline Right of Ways wherein the landowner is compensated for only Fair Market Land Value and possibly General Disturbance in the first year. An annual compensation is not paid since it is assumed the landowner is able to continue using the surface of the land without any obstruction.
  3. c) Power line Right of Ways wherein Fair Market Land Value, General Disturbance and Adverse Effect are paid in the first year. An annual compensation consisting of Adverse Effects is paid to compensate for operating around the power poles, however it is assumed that the landowner can continue to use the surface of the land for normal operations as the area of the poles is minimal.