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Statutory rights of way in British Columbia
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| 1. |
In this Act
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"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 other
plant used or to be used for or in connection with the
generation, manufacture, distribution, or supply of
power;
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"statutory right-of-way" means an easement without
a designated dominant tenement registrable under section 214;
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| 214. |
(1) |
A person may and shall be deemed always to have been able
to create, by grant or otherwise in favour of
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(a) |
the Crown or a Crown corporation or agency, or |
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(b) |
a municipality, regional
district, improvement district, water-users' community,
public utility, a pulp or timber, mining, railway, or
smelting corporation, or a corporation authorized to
transport oil or gas, or both oil and gas, or solids, as
defined in the Pipe-lines Act, or
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(c) |
any other person designated by
the Minister of the Environment on such terms and
conditions as he thinks proper,
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an easement, without a dominant tenement, to be known as
a "statutory right-of-way" for any purpose necessary for the
operation and maintenance of the grantee's undertaking,
including a right to flood.
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(2) |
To the extent necessary to give effect to subsection (1), the rule
requiring an easement to have a dominant and servient
tenement is abrogated.
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(3) |
Registration of an instrument granting or otherwise
creating a statutory right-of-way
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(a) |
constitutes a charge on the land in favour of the grantee, and |
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(b) |
confers on the grantee the right
to use the land charged in accordance with the terms of
the instrument, and the terms, conditions and covenants
expressed in the instrument are binding on and inure to
the benefit of the grantor and grantee and their
successors in title, unless a contrary intention appears.
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(4) |
No person who executes an instrument in which a statutory
right-of-way is created is liable for a breach of a
covenant in the instrument occurring after he has ceased
to be the owner of the land.
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(5) |
This section is retroactive in its application and applies to
all statutory rights-of-way, whenever created.
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(6) |
A recital in a grant
or reservation of a statutory right-of-way that it "is
necessary for the operation and maintenance of the
grantee's undertaking", or a statement to that
effect in the application to register the statutory right-of-way,
is sufficient proof to the registrar of that fact.
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