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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) |
public rights of passage with or without vehicles; or |
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(b) |
constructing, maintaining, or operating any railway, street-railway, tramway, or aerial tramway; or |
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(c) |
erecting and maintaining any pole-line, wood or timber chute; or |
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(d) |
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, 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 water-users'
community, a mining company, 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.
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(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.
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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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(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.
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