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Statutory rights of way in British Columbia
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| 2. |
The "Land Registry Act," being
chapter 140 of the "Revised Statutes of British
Columbia, 1936," is amended by striking out section
24A, which was inserted therein by section 2 of chapter
42 of the Statutes of 1945, and by substituting the
following:--
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"24A. |
(1.) |
A right-of-way over or under land
for the conveyance of water, drainage, disposal of
sewage, carrying pipes, wires, or transmission-lines, or
for railway purposes, or any rights of a like nature,
created by an instrument executed by the registered owner
of the land in favour of the Crown, a municipality, an
improvement district, railway or public utility company,
upon registration of the instrument, shall constitute a
charge on the land in favour of the grantee,
notwithstanding that the benefit of the right-of-way is
not annexed to any land of the grantee, and shall confer
upon the grantee the right to use the land charged in
accordance with the terms of the grant, and all the
terms, conditions, and covenants expressed in the grant
shall be binding upon and inure to the benefit of the
grantee, its successors and assigns, except so far as a
contrary intention appears.
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" |
(2.) |
No person who executes an
instrument, whereby such a right-of-way as is referred to
in subsection (1) is created, shall be liable for any
breach of any covenant contained in the instrument after
he has ceased to be owner of the land.
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" |
(3.) |
This section shall be retroactive
in its application and shall apply 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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