ARTICLE · 06 NOVEMBER 2014

Atco Lumber And Impermissible Clauses In Statutory Rights Of Way

Lawson Lundell LLP

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The B.C. Supreme Court's decision in Atco Lumber Ltd. v. Kootenay Boundary (Regional District) has raised questions about the validity of statutory rights of way.

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The British Columbia Supreme Court's recent decision in Atco Lumber Ltd. v. Kootenay Boundary (Regional District) has raised questions about the validity of statutory rights of way (SRWs) that aim to impose positive obligations on property owners. The Atco decision is particularly important to municipalities, public utilities and other entities that regularly rely on the benefit of SRWs in order to operate their undertakings.

Overview

An SRW is a right in the nature of an easement that is available to certain authorized entities pursuant to the Land Title Act (LTA). SRWs are generally used by government agencies to permit access over private lands for the purposes of facilitating the construction and/or maintenance of public works.

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