Right of way

How BC law treats it

A traditional easement requires two parcels: the dominant land that benefits and the servient land that carries the burden. A right of way easement, such as a shared driveway, attaches to the land and passes to future owners of both parcels once registered as a charge on title under the Land Title Act, RSBC 1996, c 250. BC also allows a statutory right of way under s. 218 of the Land Title Act, which does not need a dominant parcel. It can be granted to the Crown, a municipality, a public utility, or another person approved under the section, for purposes such as sewer lines, power lines, public walkways and pipelines. Municipalities often require statutory rights of way as a condition of subdivision or rezoning approval, frequently registered together with s. 219 covenants. The registered instrument sets the area, the permitted use, maintenance obligations and whether structures may be built in the right of way area. Rights of way are not normally removed by unilateral action. They are released by the holder or, in limited cases, modified or cancelled by the BC Supreme Court under the Property Law Act, RSBC 1996, c 377, for example where the charge is obsolete.

What it means for your business

A right of way on title can limit where a business can build, park, store materials or expand, and a utility's right to enter for repairs can disrupt operations. Developers often have to grant new statutory rights of way to obtain municipal approvals. Buyers and tenants of commercial property should read the full registered instrument and its plan, not just the title summary, before committing to a site or a build plan. Example: A Langley developer buying a warehouse site finds a statutory right of way in favour of the city for a storm sewer running across the planned loading area. The developer redesigns the building footprint before removing subjects.

Risks and common mistakes

Reading only the charge number on the title search without obtaining and reviewing the registered instrument and plan. Building a structure or paving over a right of way area where the instrument prohibits it. Assuming an unregistered verbal access arrangement with a neighbour will bind a future owner. Agreeing to a broad municipal statutory right of way at rezoning without negotiating its location and terms. Expecting a right of way to disappear because it has not been used for years.