Assignments and devolution of title

Notices concerning lease compliance matters will be addressed to all registered lessees recognized in our mineral land records. We are unable to accept responses from parties whose interests are "held in trust" or parties that have acquired an interest in the leased lands without our consent. It is a requirement of all Encana fee title mineral leases that our written consent is obtained prior to any transfer of a lessee's leased interest to another party.

In the event that the recipient of a notice no longer holds an interest as lessee in the lease, a lease assignment is required. For the information and use of all lessees, a copy of our standard form Lease Assignment is provided. This document can be completed and printed online.

Similar to the Crown, we will NOT consent to an assignment if:

  • the interest being assigned is less than an undivided interest in the entire lease (i.e. an assignment for a portion of the leased lands, leased substances or leased formations will not be approved);
  • the intended assignee is a partnership; or
  • the assignment does not meet the requirements of our standard form.

Broken title chain

If the lessee's chain of title is irretrievably broken, (e.g. Company XYZ has been dissolved), lessee(s) may complete and submit a Request for Clarification of Lease Interest form (Word). This document can be completed and printed online. All documentation supporting the devolution of title to the desired lessee(s) must be included with the submission. Encana will not consider a Request for Clarification of Lease Interest if a Lease Assignment can be executed by the appropriate parties.

Upon review and confirmation of the title chain, we will prepare and forward a Lease Interest Clarification Agreement (Word) for execution. The sample here is provided for information only and is subject to change without notice. Our lease records will be updated following receipt of the executed Agreement by all applicable parties.

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As of 2014-04-17 16:00. Minimum 15 minute delay