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Statutory rights of way in British Columbia
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| 2. |
(1) |
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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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| 24. |
(1) |
A right-of-way
over or under land for the conveyance of water, drainage,
disposal of sewage, carrying pipes, wires, or
transmission-lines, or for railway purposes, or any
rights of a like nature, created by an instrument
executed by the registered owner of the land in favour of
the Crown, a municipality, an improvement district,
railway or public utility company, upon registration of
the instrument, shall constitute a charge on the land in
favour of the grantee, notwithstanding that the benefit
of the right-of-way is not annexed to any land of the
grantee, and shall confer upon the grantee the right to
use the land charged in accordance with the terms of the
grant, and all the terms, conditions, and covenants
expressed in the grant shall be binding upon and inure to
the benefit of the grantee, its successors and assigns,
and the grantor, his heirs, personal representatives and
assigns, except so far as a contrary intention appears.
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(2) |
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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(3) |
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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| Amending statute: Revised Statutes consolidation |
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