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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 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.
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| 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.
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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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