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Statutory rights of way in British Columbia
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Land Titles Act, S.B.C. 1978, c. 25
In force: 1979-07-27
2. (1) ...
    "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;
    ...
    "statutory right-of-way" means an easement without a designated dominant tenement registrable under section 214;
    ...
214. (1) A person may and shall be deemed always to have been able to create, by grant or otherwise in favour of
    (a) the Crown or a Crown corporation or agency, or
    (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
    (c) any other person designated by the Minister of Lands, Parks and Housing on such terms and conditions as he thinks proper,
    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.
  (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.
  (3) Registration of an instrument granting or otherwise creating a statutory right-of-way
    (a) constitutes a charge on the land in favour of the grantee, and
    (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.
  (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.
  (5) This section is retroactive in its application and applies to all statutory rights-of-way, whenever created.
  (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.
Amending statute: Ministry of Lands, Parks and Housing Act, S.B.C. 1979, c. 20
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Page last updated: February 6, 2016