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Statutory rights of way in British Columbia
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| 2. |
Subsection (1) of section 2 of the Land
Registry Act, being chapter 208 of the Revised
Statutes of British Columbia, 1960, is amended as
follows:---
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... |
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(b) |
By inserting the words "or solids as defined in
the Pipe-Lines Act," after the words "both
oil and gas," in the fourth line of clause (c) of
the definition of "right-of-way", so that the
definition shall read as follows:---
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"'right-of-way' includes land or any interest in land
acquired for the purpose of
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"(a) |
constructing, maintaining, or operating any railway, street-railway,
tramway, or aerial tramway; or
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"(b) |
erecting and maintaining any pole-line, wood or timber chute; or
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"(c) |
laying, placing, and maintaining drains,
ditches, pipes, transmission-lines, or wires for the
conveyance, transmission, or transportation or water,
electric power, forest products, oil, or gas, or both oil
and gas, or solids as defined in the Pipe-Lines Act, or
for the disposal of sewage,
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or any right-of-way of a like nature or for any
purpose necessary for the operation and maintenance of
the undertaking;".
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| 3. |
Subsection (1) of section 24 is amended
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(a) |
by inserting after the words "timber company,"
in the eighth and ninth lines the words "a smelting
company,"; and
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(b) |
by inserting after the word "gas," in the
tenth line the words "or solids as defined in the Pipe-Lines
Act,"
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so that the subsection shall read as follows:---
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"24.(1) A right-of-way on, over, or under land
for the purposes defined under the definition of 'right-of-way'
in section 2, granted or created by the Crown in right of
the Province, or by any public officer or department of
the Crown under any Statute having the force of law, or
by an instrument executed by the registered owner of the
land, or by an instrument having the same effect as if
executed by the registered owner of the land, in favour
of the Crown, a municipality, an improvement district, a
railway, a public utility company, a pulp or timber
company, a smelting company, or a company authorized to
transport oil or gas, or both oil and gas, or solids as
defined in the Pipe-Lines Act, upon registration
of the instrument, constitutes 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 confers 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 are binding upon and inure to the
benefit of the grantee, its successors and assigns, and
the grantor, his heirs, personal representatives,
successors and assigns, except in so far as a contrary
intention appears."
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