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Statutory rights of way in British Columbia
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| 3. |
Section 24 of the Act is repealed and replaced as follows:--
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"24. |
(1) |
A right-of-way on, over, or under land for the
purposes defined under the definition 'right-of-way' in
section 2, and a right to flood land as defined in
subsection (4), granted or otherwise created in favour of
the Crown, a statutory agent of the Crown, a
municipality, a regional district, an improvement
district, a railway, a public utility corporation, 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 (any of which
is referred to in this subsection as the 'grantee'), upon
registration of the instrument granting or creating the
same, constitutes a charge on the land in favour of the
grantee, notwithstanding that the benefit of the right-of-way
or right to flood 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
instrument, and all the terms, conditions, and covenants expressed in the instrument,
according to their tenor, are binding upon
and inure to the benefit of the grantee, its successors
and assigns, and the grantor or the person upon whom the
instrument is binding, his heirs, personal
representatives, successors and assigns, except in so far
as a contrary intention appears.
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(2) |
No person who executes an instrument, whereby such a
right-of-way or right to flood is created, is liable for
any breach of any covenant contained in the instrument
after he has ceased to be the owner of the land.
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(3) |
This section is retroactive in its application and
applies 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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(4) |
In this section, '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 any other plant, used
or to be used for or in connection with the generation,
manufacture, distribution, or supply of power, and
includes an interest in land granted or otherwise created
in that regard."
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