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Peterson Stark Scott

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Statutory rights of way in British Columbia
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Land Registry Act, R.S.B.C. 1948, c. 171
In force: 1951-04-18
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 the purpose of erecting and maintaining any pole-line, wood or timber chute, or for the purpose of laying, placing, and maintaining drains, ditches, pipes, transmission-lines, or wires for the conveyance, transmission, or transportation of water, electric power, forest products, oil or gas, or both oil and gas, disposal of sewage, or any right-of-way of a like nature or for any purpose necessary for the operation and maintenance of the undertaking.
    ...
24 (1) A right-of-way on, over, or under land for the purposes defined under the definition of 'right-of-way' in section 2, granted or created by the Crown in the right of the Province, or by any public officer or department of the Crown under any Statute having the force of law, or by an instrument executed by the registered owner of the land, or by an instrument having the same effect as if executed by the registered owner of the land, in favour of the Crown, a municipality, an improvement district, a railway, a public utility company, a pulp or timber company, or a company authorized to transport oil or gas, or both oil and gas, 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 enure to the benefit of the grantee, its successors and assigns, and the grantor, his heirs, personal representatives, successors and assigns, except in 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: Land Registry Act Amendment Act, 1951, S.B.C. 1951, c. 42
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Page last updated: February 5, 2016