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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, 1967, S.B.C. 1967, c. 23
In force: 1967-03-23
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:---
  ...
  (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:---
    "'right-of-way' includes land or any interest in land acquired for the purpose of
    "(a) constructing, maintaining, or operating any railway, street-railway, tramway, or aerial tramway; or
    "(b) erecting and maintaining any pole-line, wood or timber chute; or
    "(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,
    or any right-of-way of a like nature or for any purpose necessary for the operation and maintenance of the undertaking;".
3. Subsection (1) of section 24 is amended
  (a) by inserting after the words "timber company," in the eighth and ninth lines the words "a smelting company,"; and
  (b) by inserting after the word "gas," in the tenth line the words "or solids as defined in the Pipe-Lines Act,"
  so that the subsection shall read as follows:---
  "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."
Consolidated statute: Land Registry Act, R.S.B.C. 1960, c. 208
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Page last updated: January 25, 2016