The conflict between mortgages and surface leases in Alberta

Russell, Sasha

This article examines whether a landowner may be in breach of the terms of their mortgage by entering into a standard oil and gas surface lease without notification to and consent of the lender.

agriculture government politics economy regulation finance banking civil law common law interest law mortgages oil and gas leases property mortgage private law lease price licensing mortgage law financial and business service civil law (common law) mortgagee lessee leased mineral rights law and economics right of property mortgaged natural resources law