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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 solids as defined in the Pipe-Lines Act,
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, a smelting company, or a company authorized to
transport oil or gas, or both oil and gas, or solids as
defined in the Pipe-Lines Act, 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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