Surface Lease Negotiations: The 48 Hour Rule

 
 
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 Did you know that provincial legislation requires that a landowner have 48 hours to contemplate a proposed surface lease agreement?
“The Land Agents Licensing Act sets the professional standard for land agents in Alberta,” says Jeana Schuurman, rural engagement and communications specialist for the Farmers’ Advocate Office (FAO). “One of the requirements of the law is that when a land agent is entering into negotiations, they need to leave a complete copy of the proposed agreement with the landowner for 48 hours. During this time, the landowner has the right to be left alone to contemplate the proposal.”

A landowner may opt to waive the 48 hour period. To do so, the landowner would sign a form swearing that the land agent explained their rights and that they are choosing to waive them. The land agent would also need to swear to the fact before a commissioner of oaths.

More information about the Land Agents Licensing Act is available through Alberta Labour: https://work.alberta.ca/labour/land-agents-licensing.html
 
 
 
 
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For more information about the content of this document, contact Jeana Schuurman.
This information published to the web on May 24, 2017.