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Residential TradingABHARD

An Alberta acreage property has an existing surface lease for an oil company's pipeline. How does this affect the buyer's purchase and future use of the property?

Correct Answer

D) The lease runs with the land; the buyer gets annual rent, cannot build in the lease area, and must allow operator access

A surface lease runs with the land in Alberta and transfers to the new owner upon sale. The buyer inherits the lease terms, receives the annual rental payments, but must accommodate the operator's access rights and cannot develop within the lease area. Buyers should review the lease terms carefully, as they affect property use, and the lease is typically registered as a caveat on the title.

Answer Options
A
The surface lease has no effect on the property purchase, because it is a private contract between the seller and the oil company
B
The buyer can immediately terminate the surface lease, since a new owner is not bound by agreements the seller signed
C
The seller must remove the pipeline before completing the sale, so that the buyer receives clear title free of encumbrances
D
The lease runs with the land; the buyer gets annual rent, cannot build in the lease area, and must allow operator access

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Key Terms

surface leaseruns with the landSurface Rights Actcaveat
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