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Statutory rights of way in British Columbia
Previous consolidation Consolidated statute Next consolidation
Land Registry Act, R.S.B.C. 1936, c. 140
In force: 1945-03-28
2. (1) In this Act, unless the context otherwise requires:--
  ...
  "Right-of-way" includes land or any interest in land acquired for the purpose of constructing, maintaining, or operating any railway, street-railway, or tramway, or for erecting any pole-line, wood or timber chute, or for the laying or placing of drains, pipes, or wires, or the conveyance of water, or any easement of like nature:
  ...
24A. (1.) A right-of-way over land for the conveyance of water, drainage, disposal of sewage, or other purpose, created by an instrument executed by the registered owner of the land in favour of a municipality, shall constitute an interest in the land in favour of the municipality, notwithstanding the absence in the instrument of words of annexation of the benefit of the right-of-way to any land of the municipality.
  (2.) An interest in land in favour of a municipality constituted as provided in subsection (1) may be registered as a charge upon compliance with the provisions of section 163.
  (3.) No person who executes an instrument whereby such a right-of-way as is referred to in subsection (1) is created shall be liable for any breach of any covenant contained in the instrument after he has ceased to be owner of the land.
  (4.) This section shall be retroactive in its application and shall apply to all instruments of the nature described in subsection (1) registered before as well as after the enactment of this section
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