Creating Value In Surface Rights Negotiations

Surface rights have been a topic of increasing importance in Manitoba over the last several years. While much of this can be attributed to increased oil and gas activity, this does not tell the entire story. Previous oil booms did not create the level of tension between surface holders and mineral owners that is often seen today, largely because these two people were usually one and the same. However, as land has been rented or sold, the dichotomy of ownership was broken down such that the person who stands to profit most from oil and gas exploration (i.e. the mineral owner) is rarely the person who has to deal with the inconvenience of that exploration (i.e. the surface owner or occupant). This is precisely the tension that The Surface Rights Act, CCSM, c. S235 was designed to address.