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  • 130 In the same manner as a judge of the Supreme Court under the Supreme Court Civil Rules, the registrar, on hearing the petition, must
  • (a) consider whether or not there is sufficient cause connected with the dedication of any public area affected by the petition to continue the dedication over all or any part of the public area,
  • (b) as far as possible,
    • (i) protect existing utilities and assure anticipated utilities,
    • (ii) assure the rights of adjoining owners as to entry and exit, whether of a public or private nature, and
    • (iii) consider whether or not an easement, statutory right of way or other interest needs to be created, enlarged or extended, and
  • (c) permit any party to call, examine and cross examine witnesses and, without limitation, to examine or cross examine an approving officer on matters relating to the contents or sufficiency of his or her report.

1979-219-130; 1993-52-1; 2010-6-97, effective July 1, 2010.

CASE LAW

Consideration of Adjoining Property Owner Interests

Section 130 (formerly, s. 13 of the Plans Cancellation Act, R.S.B.C. 1960, c. 286) requires the registrar to protect the rights of adjoining owners to pass over roads lying within the subdivision between their properties and the highway system. The criteria by which the registrar is to determine the application of s. 130 are set out, if not wholly at least partly, in s. 75(a) and (b) of the Act (formerly, s. 86(a) and (b) of the Land Registry Act), which stipulate what access is to be provided to lots in a proposed subdivision. When a subdivision plan is proposed, only the subdividing owner and the public, represented by the approving officer, are concerned. When a subdivision plan is cancelled, those who use the roads and lanes to get access to adjoining properties are interested. Their objections, along with the representations of other opponents, as well as the proponents, should be considered (Plans Cancellation Act, Re; Simpson-Sears Ltd. v. Registrar of New Westminster Land Registration District, 1955 CanLII 613 (BC CA)).