Is a plaintiff's estate entitled to receive payments from the operators of surface lease agreements?
Alberta, Canada
The following excerpt is from Arc Resources Ltd v Tucker, 2020 ABSRB 995 (CanLII):
In Malmberg v. Boyd[7] an owner sold land to the plaintiff’s grandfather in 1950 reserving for herself the rentals or compensation payable by the operators of oil and gas wells. The owner died, and her estate was the defendant in this action. The grandfather transferred the lands to his son who then transferred the lands to the plaintiff and himself jointly. When he died, the plaintiff became the owner of the land. She sought a discharge of the caveat that had been filed to protect the assignment and she sought a declaration that she was entitled to the surface lease payments.
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