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North Westside Road Service Area

Easement Roads, Right of Ways, and Utility Corridors

Comment Form

LAST UPDATE October 08, 2017

Click on your refresh button in the top menu, to be sure you see any updates.

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Valley of the Sun

Westshore Estates

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Green Belt Act

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We are told that the easement road falls under the Motor Vehicle Act.

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Sibling rivalry taken to a whole new level in Salmon Arm case
Infotel.ca - By Ashley Legassic - October 03, 2017

SALMON ARM - It was a simple road that seemed to keep the peace between two brothers and farmers near Salmon Arm.

Stan Bland and Danny Bland worked the same or adjacent land their parents farmed since 1963 but they have been estranged for many years. Their individual properties were separated only by a gravel strip which was, until 2012, 30 Avenue SW, owned and maintained by the City of Salmon Arm. That's when a surveyor discovered that the road actually belonged to Stan and that gave him the upper hand on his brother.

By 2014 it was clear the road was legally Stan’s and he made sure his brother’s family couldn’t use it, according to recent B.C. Supreme Court decision.

He blocked his road with concrete cinder blocks. When Stan got around them, he parked a loader there. Still not satisfied, Stan drove up and down the road with muddy tires, hauled chicken manure down the road which sprinkled close to Danny’s home, made obscene gestures to Danny as he drove by, drove his loader in a “menacing and threatening” manner when Danny and his wife Margaret used the road, and stopped his loader in the dark and shined his headlights into Danny’s kitchen window.

Supreme Court Justice Gary Weatherill finally had to resolve the dispute when Danny sued Stan. Weatherill said Stan took “deliberate and measured” steps to keep Danny and Margaret from using the road.

“I am satisfied that Stan’s actions since June 2014 are directly related to and triggered by that estrangement,” Weatherill said, adding that restricting Danny and Margaret’s access to the road would impact their business.

Weatherill granted Danny an easement to the road, provided he pay his brother $5,000.

The court did not award damages or costs to either party. That’s a battle for another day.

Source: http://infotel.ca/newsitem/sibling-rivalry-taken-to-a-whole-new-level-in-salmon-arm-case/it46526

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R v. Cahoose, 2014 BCPC 23 (CanLII)
Date: 2014-02-03
Docket: 32498; 32451
URL: http://canlii.ca/t/g5754
Citation: R v. Cahoose, 2014 BCPC 23 (CanLII), <http://canlii.ca/t/g5754> retrieved on 2014-03-30

Is the frozen surface of the Dean River a 'right of way'?

[13] The term “right of way” is not defined in the Motor Vehicle Act as it is in some legislation in other provinces. See for example Saskatchewan's Highways and Transportation Act, S.S. 1997, c.H-3.01 where “right of way” is defined in section 2 as follows:

......................

[35] The wording of this regulation is further evidence that the capturing of a frozen river within the definition of “highway” was outside the contemplation of the drafters of the legislation. According to the regulation, if the Dean River was determined to be a “highway”, then anyone driving a snowmobile on it would need an operation permit, unless they were simply crossing the river, and then only if they crossed it at right angles at a location where the Anahim Band (as governing body of a treaty First Nation) placed a stop sign. Even with an operation permit, unless otherwise permitted in the permit, snowmobile use would be restricted to daylight hours.

[36] The above may be some of the considerations behind why the legislature did not expressly include frozen rivers or lakes as areas that would be considered a “highway” under the Act, and also why the phrase, "other public place" as that phrase is used in s. 259 of the Criminal Code of Canada was not incorporated into the Motor Vehicle Act definition of “highway” in relation to prohibited drivers.

[37] Cst. Henley's and Crown counsel's laudable concern is for public safety. I share that concern. However, to find the frozen Dean River is a "right of way" and therefore a "highway" under the MVA would amount to legislating from the bench with potentially far reaching and unsought legal ramifications.

[38] Mr. Cahoose is acquitted on both counts.

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Land Title Act
[RSBC 1996] CHAPTER 250
This Act is Current to September 22, 2010

Part 11 — Registration of Title in Fee Simple

Division 1 — First Registration

Registration of restrictive covenants and easements
182 (1) If a restrictive covenant, easement or other incorporeal right is entered into or created for the purpose of being annexed to other land, hereinafter referred to as the dominant tenement, for which an indefeasible title has been registered, the registrar must make an endorsement of the covenant, easement or right, and of the instrument creating it, against the indefeasible title of the dominant tenement.

(2) A transfer of the land covered by an indefeasible title on which an endorsement under subsection (1) has been made transfers, without express mention, the benefit of the covenant, easement or right.

Entries carried forward from original entry
183 If a condition, exception, reservation, charge, lien or interest is carried forward from a former folio in the register to a new certificate of title, the new entry in the register has the same effect as the original entry, and for all purposes dates from the time when it was originally made in the register.

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Local Government Act
[RSBC 1996] CHAPTER 323
This Act is Current to December 8, 2010
Part 15 — Specific Regional District Service Powers

Division 8 — Miscellaneous

Use of rights of way

552 A board may require a person using a local government right of way other than a highway to provide the regional district, if reasonably possible, with accurate plans and profiles of any of their works and facilities using the right of way.

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ORDER IN COUNCIL 1458
Ministry Responsible: TRANSPORTATION AND HIGHWAYS
Statutory Authority: Highway
Reference No. 335B - 3rd Street, 4th Street, 10th Avenue, 13th Street, 13th Avenue and Westside Road be classified as Secondary Highway.

http://www.qp.gov.bc.ca/statreg/oic/1995/resume36.htm

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.pdf icon August 22, 2011 Highlights of the Regional District of Central Okanagan Regular Board Meeting

There was nothing mentioned in the Highlights about the newest Towns for Tomorrow grant in the amount of $400,000 for the Upper Fintry / Shalal Road / Valley of the Sun community water system or about the newly created laneway at Upper Fintry for the community water system pipe so that there isn't stagnate water at the end of the pipe. This $400,000 Towns for Tomorrow grant was already granted back in April 18, 2011.

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.mp3 file icon - click here for help with audio August 22, 2011 audio of entire RDCO Board meeting - .mp3 (307 MB)

Click this Windows Media Audio icon for help with audio files August 22, 2011 audio of RDCO Board meeting only about Upper Fintry DVP for a laneway to service properties with access and to install watermain for community water system and about $400,000 Towns for Tomorrow Grant to keep water system on budget - .wma (4.15 MB)

.pdf icon August 22, 2011 Regional District of Central Okanagan Regular Board Meeting Agenda

.pdf icon Item 9.3 Development Variance Permit Application.pdf

*Note* This is only a snippet, please click link above for entire contents

(bottom of page 12 to 13)

I've have been squeezing the water system budget, and think we can build the one-way road (at Upper Fintry for water system right-of-way and so Upper Fintry properties along Westside Road have property access due to Government screw up years ago)for no additional costs to you. The only thing is that we most likely will not be finishing the water project under budget. The original quote of $17,500 per property will most likely be the final number, and whatever we go over we'll charge to the 2012 operation and maintenance budget. We will be sending out a water project update letter next week, it's drafted I'm just awaiting the tender closing on the reservoir which is today, to calculate an expense report for the newsletter.

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.mp3 file icon - click here for help with audio August 22, 2011 audio of entire RDCO Board meeting - .mp3 (307 MB)

Click this Windows Media Audio icon for help with audio files August 22, 2011 audio of RDCO Board meeting only about Upper Fintry DVP for a laneway to service properties with access and to install watermain for community water system and about $400,000 Towns for Tomorrow Grant to keep water system on budget - .wma (4.15 MB)

.pdf icon August 22, 2011 Regional District of Central Okanagan Regular Board Meeting Minutes

Development Variance Permits: (Unweighted Vote)

9.3 Development Variance Permit Application for David & Terry Willison (owner) located at 7225 Dunwaters Road & 7160 Westside Road. (VP-1107) Central Okanagan West Electoral Area (Electoral Areas, West Kelowna Fringe Area, Kelowna Fringe Area)

Staff report dated August 15th outlined the application to consider a request to allow exemption of a proposed two lot subdivision from servicing requirements of Bylaw No. 704. Staff reviewed the rationale, including:
• The subject parcel was originally two legal lots registered under Plan 16594 in 1966;
• If approved, the variance and resulting subdivision will facilitate dedication of a 'Lane' to rectify the long-standing access issue by providing unrestricted legal access for the affected residents fronting Westside Road;
• The variance will also facilitate routing and placement of a water main within the new road right-of-way associated with the RDCO's new Upper Fintry/Valley of the Sun Community Water System;
• Non-approval of the variance will result in having to relocate the water main onto the Westside Road right-of-way resulting in low water pressure and potential for stagnant water in a dead-ended water main;
• A qualified practitioner was commissioned to assess suitability for on-site sewage disposal. The assessment indicates that both lots are suitable for Type 1 (conventional) on-site sewage treatment. The recommendations will be incorporated into a Section 219 covenant registered on titles at time of subdivision;
• The subject parcel is located above Westside Road, a considerable distance from Okanagan Lake therefore on-site sewage disposal concerns from a lake impact perspective are negligible;
• This variance represents an extenuating circumstance considered to be in the public interest and is not to be construed as representing staff or Regional Board support in future for requests to be exempt from the Community Sewer System requirement of Subdivision and Development Servicing Bylaw No. 704.

Further to the posting of Notice of Application sign and neighbouring property owner notification process, a form letter (signed by 6 neighbouring property owners) and four additional letters/emails have been received supporting the application. In
summary, all of the letters/emails indicate that approval of the application will benefit all the affected properties fronting Westside Road by facilitating proper installation of the community water distribution system and rectifying the long-standing access issue.

Chair Hobson asked if there was anyone in the gallery who deemed their property affected by the variance. There were none.
The question was raised regarding Lots 6-21 being in the same circumstance for access--do you expect a variance for each property? Staff noted the lane has been secured for all properties except for the three most northern properties. An easement has been secured giving unrestricted access for all properties.

EDGSON/FINDLATER
THAT the Regional Board approves Development Variance Permit application VP-1107 to vary RDCO Subdivision and Development Servicing Bylaw No. 704, Schedule C.2, s.2 - Type & Extent of SelVicing, by exempting the proposed 2 lot subdivision from the required servicing identified in Table C.2.2.; Reference Sections 6.03, 6.06, 6.11 and 6.12.

CARRIED

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.mp3 file icon - click here for help with audio August 22, 2011 audio of entire RDCO Board meeting - .mp3 (307 MB)

Click this Windows Media Audio icon for help with audio files August 22, 2011 audio of RDCO Board meeting only about Upper Fintry DVP for a laneway to service properties with access and to install watermain for community water system and about $400,000 Towns for Tomorrow Grant to keep water system on budget - .wma (4.15 MB)

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Who but the Dept of Highways would have approved Muir subdivision with no road access to 30 + property owners!  How would property owners ever build a road up the bank from Westside Road to their properties?  Why is there no legal access off Dunwaters Road to these 30 + property owners?  How stupid is government anyway?  Unbelievable!

May 13, 2010 Letter from RDCO to Property Owners - File No. 5600-20-15A

Re: Upper Fintry (Muir) subdivision

2. Are the properties bordering on Westside Road land-locked? And, are they still part of the Water System Service Area?
In 2009 the Regional District sent out notices to these 30+ property owners indicating that their (assumed) access off Dunwaters Road is not legal. This notice does not mean access off Westside Road would also be denied. Access permits are issued by the Ministry of Transportation (MOT) after building permits have been applied for.

These properties will remain in the service area unless it is confirmed by the MOT that the property is land-locked. The MOT considers each application for access independently and considers such items as sight-lines, proximity to intersections and other points of access prior to issuing permits.

Source - RDCO's Project Update Letter May 2010 - Valley of the Sun water system

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Received by email August 11, 2010

Dear Easement Road user:

Thank you for your email of July 19, 2010, regarding your concerns about the removal of dead trees.

Generally, easement agreements contain provisions that outline the responsibility of the property owner and the holder of the easement with regard to the use and maintenance of the easement. If an easement is used for access purposes, then usually it is the responsibility of the easement holder to remove obstacles from the easement. For certainty, you would need to refer to the easement agreement that is registered against the title of the property.

Property owners have a responsibility to ensure that trees on their property do not cause harm to people or to other property. Therefore, if you feel that the trees on your neighbour’s property have the potential to cause harm, you should contact the property owner.

The authority that exists for the fire chief to deal with this matter is solely the responsibility of the Regional District of Central Okanagan (Regional District). Since you have already written to the Regional District, I expect their response will clarify the matter for you.

Thank you, again, for writing to convey your concerns.

Sincerely,
“Original signed by”
Ben Stewart
Minister of Community and Rural Development

cc: Jim.Edgson "at" CORD.bc.ca
cc: Cheryl.Doll "at" leg.bc.ca

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Easements

29. An amount paid by a taxpayer for the right of access to or the right of way over, upon or through land owned by another person may qualify as an eligible capital expenditure.

Such an amount would not qualify as an eligible capital expenditure, however, if it was incurred after March 6, 1996 and was for the right to use, or in respect of, property described in subsection 1102(14.3) of the Income Tax Regulations (e.g., a road described therein). In that case, the cost incurred would become the cost of depreciable property (typically Class 171) by virtue of paragraphs 13(7.5)(b), (c) and (d) of the Act.

Source - Canada Revenue Agency

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Click subdivision below to read about the easement for that subdivision

If you can't click on one of the subdivisions above, its because we have no data or documentation yet for this subdivision.  If you have some documentation please email it to us as an attachment to

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Lane means narrow highway in regards to utility corridors
Lane means a narrow highway in regards to this RDCO utility corridor.

Subdivision Servicing Bylaw No. 464, 1991 - Repealed by Bylaw No. 704

Subdivision and Development Servicing Bylaw No. 704, 1996 - Repeals Bylaw No. 464, Amended by Bylaw Nos. 810, 898, 930, 940, 1046, 1168, 1181

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Who is responsible if a properties registered easement road is not in the correct location and the owner of the property wants the easement road moved to the correct location?

Who is responsible for snow removal?

Who is responsible to keep the easement road access open if a tree falls on it for instance?  The owner of the easement road is most likely responsible that others have access through it.  The property owner cannot block access through the property from others crossing it.

What should you do if your neighbour blocks your easement road access?  Phone the police to have the matter settled if the parties cannot come to an agreement.

These are just some of the questions that need answers.  If you have documentation that you wish to submit to this webpage for inclusion, please do so, as we wish to post all information regarding utility corridors at Westshore Estates and easements at Valley of the Sun and rights of way etc. for all subdivisions in the North Westside Road area on this page.

The "Land Title Act" explains easements, and rights of way.

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Land Title Act
[RSBC 1996] CHAPTER 250
This Act is current to April 1, 2010

Part 1 — Definitions, Interpretation and Application

Definitions
1 In this Act:

"statutory right of way" means an easement without a designated dominant tenement registrable under section 218;

"statutory right of way plan" means a plan prepared by a British Columbia land surveyor and deposited under section 113;

Division 11 — Statutory Right of Way Plans

Division 11 — Statutory Right of Way Plans

Deposit
113 (1) For the purpose of this section, "person" means a person referred to in section 218 (1) (a), (b) or (d) as grantee.

(2) A statutory right of way must not be registered unless a statutory right of way plan is deposited with the registrar or its deposit is dispensed with by the registrar on the ground of hardship or economic loss.

(3) A plan tendered under subsection (2) must

(a) include in its title, if applicable, a reference to the enactment authorizing the acquisition of the statutory right of way, and

(b) comply with section 116 and the rules respecting surveys and plans made under section 385 (5) for the purposes of this section.

(4) The person entitled to the statutory right of way may apply for its registration concurrently with the tendering of the plan or after its deposit.

(5) The registrar must examine the plan and, if satisfied that it complies with this Division, assign to the plan a serial deposit number.

(6) Subject to a contrary enactment, the deposit of a statutory right of way plan unaccompanied by an instrument of grant does not confer an interest in the land affected but if the part of the register relating to the land is stored by electronic means, the registrar must make a note of it in the register against the indefeasible title.

(7) After a plan has been deposited in the land title office, an instrument affecting the land included in the plan must conform to the plan and contain a reference to its deposit number, unless those requirements are dispensed with by the registrar.

Statutory right of way plan may be used in application to register fee simple
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.

Deposit of statutory right of way plan
115 (1) The minister charged with the administration of the Transportation Act may apply to the registrar to deposit a statutory right of way plan in respect of land acquired for a highway, and the registrar, if satisfied that the application and plan are in order, must assign to the plan a serial deposit number.

(2) Concurrently with or following the deposit of the statutory right of way plan, the minister charged with the administration of the Transportation Act may file with the registrar a certificate in the form approved by the director certifying that all or part of the land in the statutory right of way plan has been established as a highway and the title vested in the government under section 57 of the Transportation Act or in the BC Transportation Financing Authority under section 58 of that Act, as the case may be.

(3) On the filing of the notice, the registrar must amend the records accordingly.

(4) After complying with subsection (3), the registrar must send a notice in the form approved by the director to the registered owner.

(5) An indefeasible title must not be registered for the land described in the notice but, on compliance with subsection (4), the title to that land ceases to be registered under this Act.

(6) This section applies to plans prepared in accordance with the Surveyor General's regulations respecting highway statutory right of way plans and deposited by the minister charged with the administration of the Transportation Act under this or the former Act but subsections (3) and (4) apply only in so far as the state of business in the land title office makes it possible for the registrar to comply with those subsections.

Requirements of statutory right of way plans
116 (1) A statutory right of way plan tendered to the registrar for deposit under section 113 must, in addition, comply with the following requirements:

(a) the area taken from each section, district lot or parcel, as the case may be, must be shown on the plan;

(b) the boundary lines of each section, district lot or parcel affected by the plan must be shown according to the original survey, and there must also be shown a sufficient number of angular and linear measurements to define the limits of the statutory right of way and to show their connection with each section, district lot or parcel through which the statutory right of way passes;

(c) if the statutory right of way is through land that has been subdivided and shown on any deposited plan, the plan must show distinctly, as to all registered parcels affected by the statutory right of way, the boundaries and designation of each parcel according to the deposited plan, and a sufficient number of angular and linear measurements to show the location and connection of the statutory right of way with each registered parcel and subdivision affected;

(d) except as provided in section 117, the centre line from which measurements to the limits of the statutory right of way are shown must be referenced on the ground by iron posts or equally permanent monuments, so placed as to identify the points of deflection from all tangents, and the plan must show, by angular and linear measurements, the relation of all corners of the land within the statutory right of way plan to those iron posts or monuments;

(e) if transition curves are used on the located centre line of the statutory right of way, they must be replaced in each case on the plan tendered for deposit by a simple curve tangential to the main tangent and compounded with the main curve at its junction with the transition curve, and the simple curve must then be called a terminal curve;

(f) if the limits of the statutory right of way are governed by a circular curve on the centre line, they must be circular curves concentric with and at the appropriate radial distance from the governing centre line curve;

(g) if the limits of the statutory right of way are governed by a transition curve on the centre line, they must be formed by a series of straight lines connecting points at the appropriate distances from the centre line, measured along the radii, or radii produced, or along the line bisecting the angle between contiguous chords of the transition curve, as the case may be.

(2) If there is a statutory right of way through unsurveyed Crown land, it is acceptable to the registrar if a sufficient number of angular and linear measurements are shown on the statutory right of way plan to define the limits of the land affected by the statutory right of way.

Widening of statutory right of way
117 If a statutory right of way

(a) is contiguous to and parallel to a surveyed boundary, or

(b) is shown on a posted statutory right of way plan on deposit, and the statutory right of way is to be widened by the addition of a parallel contiguous strip,

the registrar may, if the application for the registration of the title to the statutory right of way comprising the strip is by way of a charge, accept, instead of a statutory right of way plan, an explanatory plan with no accompanying description.

When water boundary deemed natural boundary
118 (1) If a statutory right of way plan tendered for deposit has endorsed on it a certificate of the Surveyor General certifying that

(a) the water boundary, as shown on the statutory right of way plan, deemed to be the natural boundary, as defined in the Land Act, of the land included within the statutory right of way plan, and

(b) a designated area within the statutory right of way plan, not included in the title of the registered owner to be affected by the deposit of the statutory right of way plan, is incorporated in the registered owner's title,

on the deposit of the statutory right of way plan, and even if

(c) the water boundary shown on the plan does not agree with the natural boundary shown on a plan already on deposit in the land title office, and

(d) the area designated is not included in the registered owner's title,

the certificate is conclusive evidence that

(e) the registered owner has established a good safe holding and marketable title in fee simple to the designated area, and

(f) that the registered owner's indefeasible title to the land adjoining that area is the registered title to that area.

(2) If an indefeasible title under subsection (1) is endorsed with a registered charge, on the deposit of the statutory right of way plan, the charge is extended to include the area referred to in subsection (1).

(3) The registrar, after notice accompanied by a copy of the plan to all affected registered owners, must amend the records accordingly.

(4) The indefeasible title under subsection (1) must be amended by adding to the legal description of the land "including the area designated on SRW Plan No. ...........", followed by the date and the registrar's initials.

(5) The duplicate indefeasible title, if any, and if not on deposit, must be delivered to the registrar, who must return it to the holder after making the necessary amendments.

(6) On amendment of the existing indefeasible title as provided in subsection (4), the registrar may register a new indefeasible title in the name of the registered owner that incorporates the substance of the amendment.

(7) An application under this section for endorsement by the Surveyor General must be accompanied by the fees payable under this Act.

Alteration in deposited statutory right of way plan
119 (1) If an alteration in a deposited statutory right of way plan is necessary to define a subsequently acquired area, the registrar may

(a) authorize the deposit of a supplemental plan prepared by a British Columbia land surveyor showing the alteration, and

(b) if satisfied the supplemental plan is in order, assign to it a serial deposit number and cross reference it with the original statutory right of way plan.

(2) Section 113 (6) applies to a supplemental plan deposited under this section.

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Land Title Act - Division 4 — Statutory Rights of Way, Miscellaneous Covenants and Easements

Statutory right of way

218 (1) A person may and is deemed always to have been able to create, by grant or otherwise in favour of

(a) the Crown or a Crown corporation or agency,

(b) a municipality, a regional district, the Greater Vancouver Transportation Authority, a local trust committee under the Islands Trust Act or a local improvement district,

(c) a water users' community, a public utility, a pulp or timber, mining, railway or smelting corporation, or a corporation authorized to transport oil or gas, or both oil and gas, or solids, as defined in the Pipeline Act, or

(d) any other person designated by the minister on terms and conditions that minister thinks proper,

an easement, without a dominant tenement, to be known as a "statutory right of way" for any purpose necessary for the operation and maintenance of the grantee's undertaking, including a right to flood.

(2) To the extent necessary to give effect to subsection (1), the rule requiring an easement to have a dominant and servient tenement is abrogated.

(2.1) The minister may delegate to the Surveyor General the minister's powers under subsection (1) (d).

(3) Registration of an instrument granting or otherwise creating a statutory right of way

(a) constitutes a charge on the land in favour of the grantee, and

(b) confers on the grantee the right to use the land charged in accordance with the terms of the instrument, and the terms, conditions and covenants expressed in the instrument are binding on and take effect to the benefit of the grantor and grantee and their successors in title, unless a contrary intention appears.


(4) A person who executes an instrument in which a statutory right of way is created is not liable for a breach of a covenant in the instrument occurring after the person has ceased to be the owner of the land.

(5) This section is retroactive in its application and applies to all statutory rights of way, whenever created.

(6) A recital in a grant or reservation of a statutory right of way that it "is necessary for the operation and maintenance of the grantee's undertaking", or a statement to that effect in the application to register the statutory right of way, is sufficient proof to the registrar of that fact.

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Valley of the Sun

Properties along Balsam Road at Valley of the Sun alias (Firwood Estates) have an easement road registered in the land title district that runs across many properties lining one side of Balsam Road (only on the properties on the Kelowna side of Balsam Road and not the Vernon side).  If you click the links below you will read the 5 pages of documentation that came from the Kamloops land title registry regarding Valley of the Sun easement road in favour for and for the benefit of properties lining the one side of Balsam Road.

Plan 20608 - District Lot 2922 - Right of Way numbers A12111 and A12112

Page 1 of 5 (partial page) - Valley of the Sun - Registered Easement Road
click page for full document and larger print
This is only a partial page (top part) of page one of five pages of the documentation which are listed in order below.

This is page 2 of 5, of the documentation pages listed in order below.
Page 2 of 5 - Valley of the Sun - Registered Easement Road
click page for larger print

It says in the documentation above:

  • forever

  • the right at any time

  • with or without vehicles of any description

  • with or without animals

  • for all purposes

  • pass and repass along

  • pass and repass over

  • pass and repass upon

You will need to click on each of the links below to read each of the 5 pages of documentation regarding the Balsam Road easement road at Valley of the Sun.

 

Easement Road Measurement Maps for Valley of the Sun properties along Balsam Road

These four maps show the measurements of the Balsam Road easement road (registered at Kamloops Land Registry) for Valley of the Sun lot #'s 49, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65.  The easement road runs from and across lot 49 up to the lot line of lot 66 and there is no easement road on lot 66.  Lot 66 has use of the whole easement road to access lot 66.  Lots 50 and 51 do not have an easement road running across them as they do not border the easement road.

These four easement road maps below are copies of maps received from the Kamloops land title office.

OIP = Iron Post Found
IP = Iron Post Set

Click each map below to see larger maps.

Valley of the Sun easement road measurements for lots 49 and 52
Lots 49 and 52
Valley of the Sun easement road measurements for lots 54 parcel B, and lot 55 parcel C
Lots 54 and 55
Valley of the Sun easement road measurements for lots 53 up to and including lot 57
Lots 53 up to and including lot 57
Valley of the Sun easement road measurements for lots 59 up to and including lot 66
Lots 59 up to lot 66

 

Firwood Estates subdivision plan was deposited in the Land Registry Office Aug 20, 1970
Firwood Estates subdivision plan was deposited in the Land Registry Office Aug 20, 1970
click document to read larger print

 

Firwood Estates sold for $550 back in 1947 - page 1
Firwood Estates sold for $550 back in 1947 - page 1
click document to read larger print

 

Firwood Estates sold for $550 back in 1947 - page 2
Firwood Estates sold for $550 back in 1947 - page 2
click document to read larger print

 

Firwood Estates sold for $550 back in 1947 - page 3
Firwood Estates sold for $550 back in 1947 - page 3
click document to read larger print

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Westshore Estates


Meeting regarding charging Westshore residents $250.00 per year to maintain the back lanes.


Another notice found on the bulletin board regarding Westshore Estates water utility corridors.

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One Story from one resident of Westshore was said like this in an email, quote:

"RDCO (actually us) claims to own the corridors in Westshores, they do not get plowed, sanded or looked after in any way. RDCO was going to block access until we raised hell, so they then decided we should file easements and they would then be our responsibility. We refused on the grounds that we already owned them as we already own RDCO. They backed off and everything returned to status quo."

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Page 1-2
Engineering Committee Meeting Minutes – March 20, 2007
2. ENGINEERING SERVICES
d. Westshore Estates Utility Corridors
Item 2d) was discussed first as Westshore Estates’ residents John S. and Lorraine N. were in attendance.
Don Darling explained that over several years the Engineering Dept. has been trying to resolve the issue of access over the Westshore Estates utility corridors.
Recently residents did not support a maintenance function, and the RDCO lawyer and insurance provider recommended that access remain status quo, with signage being posted to the effect that the utility corridors are used at the owners’ risk.
Don advised that Mr. S. has been using the corridor (Lot 177) as his driveway and now a neighbouring property owner, Mr. Gaudette, will be building 3 lots away from Mr. S. and will be using the corridor (Lot 177) as access to his home. Mr. S. is concerned re. the resulting traffic being so close to his home.
Board policy, which is not to prevent usage of the utility corridors, was explained to Mr. S. and he is now requesting the sole rights to Lot 177 through a right of way agreement, or by expanding his property to include a portion of Lot 177, in order to block or regulate access. The RDCO identified that the only viable access to neighbouring properties could not be blocked, also that a precedent could not be set in cost sharing for fencing.
Mr. Gaudette and Mr. S. have discussed various options but have not been able to agree on a solution. Mr. S. and Ms. N. attended the Engineering Committee meeting in order to try and resolve the issue.
Mr. S. advised he has researched the issue thoroughly and feels he now has a house with no driveway, which would make selling his house extremely difficult.
Discussion ensued re. fencing, separate access for the Gaudettes, set backs, and cost sharing with Mr. Gaudette.
9:45 a.m. Mr. S. and Ms N. left.

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Page 4
Engineering Committee Minutes – October 19, 2006
g) Westshore Estates Utility Corridors
Don advised that the review of the unauthorized use of the utility corridors has been completed with the RDCO insurance providers and lawyers, Lidstone, Young & Anderson. It was recommended to post signs notifying users that the utility corridors are not maintained and that residents are using the corridors at their own risk. The estimated total cost is $7,580 which should be paid out of the Westshore Water Utility’s yearly budget.
REID THAT the Regional Board authorizes the Engineering Services Department to seek legal advice as to the correct wording for the proposed notification signs;
AND FURTHER THAT the Engineering Services Department proceed with having the signs prepared and posted at the entrance of each Westshore Estates utility corridor;
AND FURTHER THAT the cost of preparing and posting the signs be paid out of the Westshore Estates yearly budget.
CARRIED

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Page 4
Engineering Committee Minutes – July 13, 2006
b) Westshores Access Road
Hilary advised that the Regional District operates and maintains a water utility in the Westshore Estates Subdivision. Water mains are located within narrow strips of fee simple land owned by the Regional District, instead of in a statutory right of way. Residents are using the water utility land as access to their properties and there is concern about liability and damage to the utility. Some
residents have suggested that the Regional District should maintain this land.
There is no revenue currently in the budget to maintain the land. A public meeting was held on July 5th, 2006 to determine what the residents may be willing to pay for. It was estimated that maintenance costs would be approximately $250/$275 per household per year (if all property owners contributed, not just the benefiting properties). The outcome of the meeting was that residents wanted things left as they are.
Hilary expressed concern re. liability and indicated that any new construction should be required to register an easement (at a cost of $400) over the access road to their property, and also suggested that signs be put up to use at your own risk.
Discussion ensued:
Residents have always been able to use the lanes, so legally now they probably could not be stopped.
Liability is a huge issue. Must get lawyer’s advice as “occupants’ liability” is very different from liability on dedicated roads. Previously MOT would not agree to dedicating these lanes as roads. It was suggested that MOT
be re-approached re. obtaining occupants permits and saving them harmless.
Must deal with this now, as the risk will only become greater.
Talk to lawyer first, but must work together with residents.
DINWOODIE/NOVAKOWSKI
THAT Engineering Services staff look into establishing a strategy for the Westshores area to develop a maintenance plan, in partnership with the residents, subject to legal counsel first being sought to determine the liability
issues;
AND FURTHER THAT a report be brought back to the next Engineering Committee meeting.
CARRIED

DAY/NOVAKOWSKI
THAT Engineering Services staff look into registered easements for any new building permits issued in the Westshore Estates subdivision.
CARRIED

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May 8, 2006 Regional District of Central Okanagan Regional Board Agenda

Item 9.5 Westshore Access Approval.pdf

Regional Board Report

FROM: Don Darling Manager of Engineering Services
DATE: May 03, 2006
SUBJECT: Access Easement over Regional District property
Lot 175, District Lot 3688, ODYD, Plan 26101

RECOMMENDATION
THAT the Regional District grant the owner of Lot 11, District Lot 3688, ODYD, Plan 26101 an access easement over Lot 175, District Lot 3688, ODYD, Plan 26101 subject to the following:

• the text in the easement document must be approved by the Engineering Services Department prior to registration of the easement;
• the owner of Lot 11, District Lot 3688, ODYD, Plan 26101 must pay all costs associated with the registration of the easement including but not limited to all legal fees, surveying costs, registration fees, and any Regional District costs.

BACKGROUND
The owner of Lot 11, District Lot 3688, ODYD, Plan 26101 has approached the Regional District with a request to have access over Lot 175, District Lot 3688, ODYD, Plan 26101 that bisects the owner’s property. (See attached drawing) The owner is in the process of selling the property and the purchaser would like assurance that they will be able to build a home on the lower portion of their property with access over Lot 175 that is owned by the Regional District.

Regional District staff have visited the site and have no objection to the access approval provided that the easement document contains text that will save harmless the Regional District and limits the disturbance in the easement to ensure the integrity of the Westshore Estates Water System.

In review of the situation it is felt that this is the most feasible option to resolve a unique situation and to protect the interests of the Regional District.

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Page 3-4
Engineering Committee Minutes – January 19, 2006

b) Westshore Estates Water Utility

Don advised that the Regional District operates and maintains a water utility in the Westshore Estates Subdivision. Water mains are located within narrow strips of land owned by the water utility instead of in a statutory right of way. Residents are using the water utility land as access to their properties and there is concern about liability and damage to the utility. Residents are also suggesting that the Regional District should maintain this land. There is no budget to maintain the land so a referendum is being recommended to let the public decide what they are willing to pay for. Don stated that the preliminary budget for maintenance costs is approximately $250 per parcel per year, and all property owners should contribute, not just the benefiting properties.

Aaron suggested consulting with the North Westside Communities Association on the recommendation and getting their support before going to the Board. He reported that Harry Pospolita and Ian Kilpatrick have a very successful track record with community meetings and referendums.

Discussion ensued re. liability if the lanes were not maintained.

KNOWLES/NOVAKOWSKI
THAT the Engineering Services Department consult with the North Westside Communities Association on conducting a referendum to determine if there is sufficient support to establish a service area for the maintenance of water utility land within the Westshore Estates Water Utility service area;

CARRIED

 

Building Schedule for Westshore Estates

click each page for larger print

Westshore Estates Building Schedule page 1 of 2
page 1 of 2
Westshore Estates Building Schedule page 2 of 2
page 2 of 2

 

 

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Never doubt the ability of a small group of concerned citizens to change the world.  In fact, it is the only thing that ever has.

Democracy Rules on the North Westside in Central Okanagan West!

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To be updated by email on the latest news regarding the easement roads, use this form to tell us your email address and what subject or subjects you wish to be kept informed about.  We will email you with updates, so stay informed!

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SOLUTIONS CONCERNS COMPLAINTS ??

If you have information, questions, comments, solutions, concerns or complaints regarding the easement roads, please fill out the form below and your comments will be posted to this website here.  Maybe others who have answers to questions won't mind sharing?

Easement Roads and Utility Corridors

Comment Form

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COMMUNITY   *(required)
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PHONE NUMBER  
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 disguise your email address from spam similar to this below
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DO YOU LIVE ON AN EASEMENT ROAD?  
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If you want to view community comments, click here.

 

If you have a comment, you can also email it to

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