The Oil and Gas Lease in Canada

The Oil and Gas Lease in Canada

by John Bishop Ballem

Hardcover(Third edition)

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A comprehensive and widely used text, The Oil and Gas Lease in Canada has been extensively cited, quoted, and relied upon by the courts. The first edition, published in 1973, served as the definitive legal guide for all those engaged in securing and developing mineral rights in Canada. The revised and updated second edition, published in 1985, dealt with the nature and function of oil and gas leases, the procedures of entering into leases, the most common clauses and their effectiveness, and possible hazards and loop-holes. An important appendix to the second edition was the first model lease drafted specifically for the Canadian industry. That model was a fundamental source in the creation of a Canadian oil and gas lease by the Canadian Association of Petroleum Landmen (CAPL). Because today virtually all leases follow the CAPL form, the third edition examines these leases in detail. In addition, John Ballem takes into account new developments and in the way of decided cases since 1985. Like its predecessors, this edition is designed as a user-friendly road map through the maze of complexities that surround the Canadian oil and gas lease, and the very substantial body of law that has arisen around it. The oil and gas lease is an ever evolving document and as such, those who work with it must continuously adapt to the endless variety of combinations and permutations that arise with each new situation. But it is this variety that makes the oil and gas lease such a challenging and fascinating instrument to work with and The Oil and Gas Lease in Canada such an essential book.

Product Details

ISBN-13: 9780802042286
Publisher: University of Toronto Press, Scholarly Publishing Division
Publication date: 11/20/1999
Edition description: Third edition
Pages: 416
Product dimensions: 6.33(w) x 9.25(h) x 1.30(d)

About the Author

John Bishop Ballem (1925-2010) was a lawyer, author and globetrotter who practiced energy law at Gowling Lafleur Henderson LLP in Calgary.

Table of Contents

Preface to the Fourth Edition     ix
Preface to the Third Edition     xi
Preface to the Second Edition     xiii
Preface to the First Edition     xv
Function and Legal Categorization of the Oil and Gas Lease     1
Introduction     3
Function and History of the Oil and Gas Lease     5
Legal Category of the Oil and Gas Lease     15
Entering into the Lease     27
Negotiations for and Capacity to Grant a Lease     29
Formation of the Lease     60
The Lease     103
What the Lease Grants     105
The Habendum and Interpretation Clauses     149
Royalties, Suspended Well Payments, and Taxes     178
Drainage - Offset Drilling and Pooling     224
Unitization     251
Administrative and Procedural Provisions     265
Other Versions of the Clauses and Additional Provisions     301
The Top Lease     323
Top Lease     325
Involuntary Termination     337
Termination of the Lease     339
Deferring the Commitment to Drill     356
Termination of Productive or Potentially Productive Leases     367
Accounting for PastProduction     384
Estoppel     402
Litigating the Oil and Gas Lease     424
Index of Legislation     431
Index of Cases     435
Index of Secondary Authorities     450
General Index     455

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