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114 Statutory Right Of Way Plan May Be Used In Application To Register Fee Simple

In This Volume

  • 114 (1) The registrar may allow a person to use and deposit a statutory right of way plan, instead of a reference plan, if all the following requirements are met:
  • (a) the registrar is satisfied that the nature of the person’s undertaking requires the acquisition of a title in fee simple to the land included within the statutory right of way plan;
  • (b) the plan is approved by the approving officer in the manner required under this Act for a subdivision plan;
  • (c) in the case of a plan that establishes a highway, approval of the plan has received the consent of a designated highways official under section 83.1, unless that section does not apply by reason of an order under section 77.1(1)(c);
  • (d) the plan complies with this Part and the applicable rules respecting surveys and plans made under section 385(5).
  • (2) Subsection (1)(b) and (c) does not apply to a person having a statutory right to acquire compulsorily a parcel smaller than the registered parcel.
  • (3) If the statutory right of way plan has been deposited before an application for title in fee simple, the approval required by subsection (1)(b) and the consent required by subsection (1)(c) may be given in a separate document of the approving officer, instead of being written on the plan.

1997-25-40, effective March 26, 1998 (B.C. Reg. 85/98); 2004-21-60.


Subdivision Plan Required

It is unlikely s. 114 can be used where a statutory authority already has title in fee simple to a parcel and wants to create title for a smaller portion of the land, as the statutory authority is not acquiring an interest but attempting to subdivide the land. However, the registrar will consider the particular facts in each case to determine whether the requirements of s. 114 are met.


For clarification of the director’s requirements for standardized legal descriptions, see s. 99 at “99 Registrar to determine whether description of land acceptable” in this chapter.