Author: Erik Compton

Understanding surface rights and their impact on real estate is important for lawyers to enhance their clients’ outcomes and avoid legal complications in transactions involving surface rights. This paper explores the complexities of surface leases, rights of way, and right-of-entry orders, and also provides practical strategies for negotiating compensation, conducting rental reviews, and recovering unpaid arrears.

This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.