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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. 1960, c. 208
In force: 1968-04-06
2. (1) ...
    'right-of-way' includes land or any interest in land acquired for the purpose of
    (a) constructing, maintaining, or operating any railway, street-railway, tramway, or aerial tramway; or
    (b) erecting and maintaining any pole-line, wood or timber chute; or
    (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,
    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, and a right to flood land as defined in subsection (4), granted or otherwise created in favour of the Crown, a statutory agent of the Crown, a municipality, a regional district, an improvement district, a railway, a public utility corporation, 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 (any of which is referred to in this subsection as the 'grantee'), upon registration of the instrument granting or creating the same, constitutes a charge on the land in favour of the grantee, notwithstanding that the benefit of the right-of-way or right to flood 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 instrument, and all the terms, conditions, and covenants expressed in the instrument, according to their tenor, are binding upon and inure to the benefit of the grantee, its successors and assigns, and the grantor or the person upon whom the instrument is binding, 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 or right to flood is created, is liable for any breach of any covenant contained in the instrument after he has ceased to be the owner of the land.
  (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.
  (4) In this section, 'right to flood' means a right or power to flood or otherwise injuriously affect land for purposes related to the construction, maintenance, or operation of a dam, reservoir, or any other plant, used or to be used for or in connection with the generation, manufacture, distribution, or supply of power, and includes an interest in land granted or otherwise created in that regard.
Amending statute: Land Registry Act (Amendment) Act, 1968, S.B.C. 1968, c. 22
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Page last updated: February 6, 2016