Review of Applications
Administration is currently reviewing the intake process for Right of Entry Applications.
Please email any comments on the following process prior to October 1, 2009 to srb.lcb@gov.ab.ca.
1. All Right of Entry applications are required to name only Owners or Occupants as Respondents. Right of Entry applications that name parties as Respondents who are not owners or occupants will not be accepted for filing by Board Administration.
2. All Respondents named on Right of Entry applications must be clearly identified with their names and addresses exactly as shown on the certificate of title issued under the Land Titles Act.
3. Board administration will not inquire into the accuracy of the information shown on the certificate of title. It is the responsibility of those claiming an interest in land to ensure that their interest is properly registered under the Land Titles Act with a current address.
4. Applicants who disagree with the administrative process for the filing of Right of Entry applications may request to have their applications reviewed and decided by a Board panel.
5. Section 1 of the Surface Rights Act defines owner and occupant as follows:
(g) “occupant” means
(i) a person, other than the owner, who is in actual possession of land,
(ii) a person who is shown on a certificate of title under the Land Titles Act as having an interest in land,
(iii) an operator granted right of entry in respect of land pursuant to a right of entry order, or
(iv) in the case of Crown land, a person shown on the records of the department or other body administering the land as having an interest in the land; . . .
(i) “owner” means
(i) the person in whose name a certificate of title to land is issued under the Land Titles Act, or
(ii) if no certificate of title to the land is issued, the Crown or other body administering the land;