Encyclopedia
Right of way
A right to pass over someone else's land.
For example: A buyer finds a right of way on title. (Illustration only, not a real deal.)
Official source: Land Title Act (BC Laws)
Example only, not a real client. Say the title to a property shows a right of way for a utility line running across the back of the lot. You check where it runs before planning a new loading area on that spot.
What I’d tell a friend
Find out where rights of way run on the ground before you plan building or paving.
Why it matters to you
Someone else's right to cross or use part of the land can limit where you park, build or load. It usually stays with the property, so it affects every future owner and what they'll pay.
How to use it in your deal
Buyers should read every right of way on title, including the plan showing where it sits, and ask what it means in practice: who maintains it, whether it blocks development, and whether it can be moved. Ask the lawyer to explain each charge. Owners planning to build should check rights of way early, since you usually can't build over them.
Tenants should check they won't conflict with parking, loading or signage, and that the landlord's lease doesn't promise space a right of way already uses. Lenders review them too. Utilities and municipalities hold many statutory rights of way along frontages in Metro Vancouver, and road widening dedications can come up when you redevelop, so ask the city about any future requirements. If a right of way is no longer used, it may be possible to discharge it with the holder's agreement.
Mistakes I see
Ignoring charges on title. Not reading the plan. Assuming you can move it. Building over it.
In BC and Vancouver
The Land Title Act governs registration. Statutory rights of way can be granted to governments and utilities without a neighbouring property benefiting.
Official sources: Land Title Act (BC Laws) · Land Title and Survey Authority of BC
What it is
A right of way gives someone else the right to cross or use part of your land, such as a utility or a neighbour needing access.
In BC, statutory rights of way for utilities and governments can be registered without a neighbouring property.
What to check
Get the registered plan showing the location and read the terms on access, maintenance and building restrictions.
A survey can show whether existing buildings sit inside the right of way, which can matter for future renovations or financing. Check with a BC lawyer on what the terms allow.
Questions to ask before you sign
- What rights of way are on title?
- Where are they?
- Who maintains them?
- Do they limit building?
- Can they be changed?
Keep reading
Related terms: Statutory right of way (SRW), Easement
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General information for British Columbia only. It isn’t legal, tax, accounting or financial advice, laws and rates change, and reading it doesn’t make you my client. Any numbers or scenarios are hypothetical. Check the linked official source and talk to a lawyer, accountant or other qualified professional before you act or sign anything. See the terms and disclaimer.