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In This Volume

  • 109 (1) For the purpose of this section, “highway” means a highway located in a rural area and discontinued and closed by notice published in the Gazette, but does not include a highway dedicated by the deposit under this Act or the former Act of a subdivision or reference plan.
  • (2) The deposit by the registrar of a subdivision or reference plan that has been approved by a designated highways official
  • (a) extinguishes a highway in the plan that adjoins on both its sides land the title to which is registered in the name of the subdivider,
  • (b) vests the title to the highway extinguished in the owner of the land covered by the plan without a further instrument of transfer, and
  • (c) if the title to the land covered by the plan is subject to a registered charge, extends the charge to include the land covered by the highway extinguished.

1979-219-109; 1997-25-39, effective March 26, 1998 (B.C. Reg. 85/98).


The surveyor should ghost in the closed highway area in the body of the plan and refer to the date and page of the B.C. Gazette where the notice of the highway’s discontinuance and closure appears.


See s. 1 of the Act for the definition of a “designated highways official”.

See Di Castri, Registration of Title to Land, vol. 1, para. 135.