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Statutory Rights of Way in BC Unlike an easement, which exists between property owners, a statutory right of way has no designated dominant tenement. Therefore, the covenant exists between the landowner and the municipality or the utility provider.
In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.
Statutory Rights of Way in BC Other examples include the thousands of kilometres of railway, highway, oil and gas pipeline statutory rights of way across BC. Unlike an easement, which exists between property owners, a statutory right of way has no designated dominant tenement.
A Statutory Right of Way (SRW) is a legal agreement that allows a public agency to access a private property. This agreement grants the right to use a portion of the property to and maintain infrastructure needed for the delivery of a specific service or services.
An easement* or right-of-way is an agreement that confers on an individual, company or municipality the right to use a landowner's property in some way. While these agreements grant rights, they also have the effect of partially restricting an owner's use of the affected portions of land.
An easement is a limited right to use the property of another. Common easements include driveways, private roads, and utility rights-of-way for electric, water, or communication lines. Most easements are contained indeeds; some can arise simply due to the passage of time.