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Statutory rights of way in British Columbia
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| 2. |
(1) |
In this Act, unless the context otherwise requires:-- |
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"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:
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| 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.
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(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.
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(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.
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(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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