Expropriation Law Centre




Peterson Stark Scott


Statutory rights of way in British Columbia
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Land Registry Act, R.S.B.C. 1948, c. 171
In force: 1949-02-07
2. (1) ...
    "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:
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.
  (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.
  (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.
Amending statute: Revised Statutes consolidation
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Page last updated: February 5, 2016