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Peterson Stark Scott

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Statutory rights of way in British Columbia
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Land Registry Act Amendment Act, 1946, S.B.C. 1946, c. 36
In force: 1946-04-11
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:--
  "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.
  " (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.
  " (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."
Consolidated statute: Land Registry Act, R.S.B.C. 1936, c. 140
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Page last updated: January 25, 2016