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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 218;
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| 218. |
(1) |
A person may and is 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, |
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(b) |
a municipality, a regional
district, the South Coast British Columbia Transportation Authority,
a local trust committee under the Islands Trust Act or
a local improvement district,
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(c) |
a water users' community, a
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 Pipeline Act, or
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(d) |
any other person designated by
the minister on terms and
conditions that minister 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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(2.1) |
The minister may delegate to the Surveyor General
the minister's powers under subsection (1)(d).
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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 take
effect to the benefit of the grantor and grantee and
their successors in title, unless a contrary intention
appears.
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(4) |
A person who executes an instrument in which a statutory
right of way is created is not liable for a breach of a
covenant in the instrument occurring after the person 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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