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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
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(a) |
constructing, maintaining, or operating any railway, street-railway,
tramway, or aerial tramway; or
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(b) |
erecting and maintaining any pole-line, wood or timber chute; or
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(c) |
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, or for the disposal of sewage,
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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 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, constitutes
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 confers 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
are binding upon and inure 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, is 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 is
retroactive in its application and applies 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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