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Subsurface rights means the rights to all minerals, mineral fuels, and other resources, including, but not limited to, oil, gas, coal, oil shale, uranium, metals, and phosphate, whether or not they are mixed with any other substance found or located beneath the surface of the earth.
These grants except (or reserve), to the benefit of the Crown, certain rights with respect to the lands. On occasion, these rights are separately registered on title as ?Undersurface Rights?. This is a non-financial charge, meaning there is no money owing by the owner of the land to the charge holder.
Rights of mining claim holders and lessees As a claim holder, you have the right to: explore for minerals on, in, or under the claim. obtain a lease of the claim, once the requirements of the Mining Act and its regulations have been fulfilled.
What is the difference between subsurface and surface rights? Subsurface rights refer to the minerals, oil, and gas beneath the surface of the land. Surface rights refer to the right to use and occupy the surface of the land. The surface estate owner may or may not also own the subsurface estate.
Subsurface property rights infer the right of any individual who owns a property, to utilize, settle or sell the pore space beneath his/her property as they see fit without any interference from the authorities or other private entities.
Two sets of rights exist for land in Alberta: surface rights and subsurface rights. The majority of the subsurface rights are owned by the Crown, but when Canada was first homesteaded, individual settlers were sometimes granted title to both the surface and subsurface.