Encyclopedia
Statutory right of way (SRW)
A right of way registered on title in favour of a public body or utility.
For example: A title search shows an SRW for utilities. (Illustration only, not a real deal.)
Official source: Land Title Act (BC Laws)
Example only, not a real client. Say you are buying a corner lot in Vancouver for a small mixed-use project. The title shows a statutory right of way in favour of the city. You get the document and find it covers a strip along the back for a sewer line, well away from where you plan to build, so you remove subjects with confidence.
What I’d tell a friend
Read the document behind any right of way on title before you remove subjects. A short line on title can affect where and what you build.
Why it matters to you
A utility or city may have the right to use part of the land, and it binds every owner. It can block an addition, parking or a loading area, so check its location against your plans.
How to use it in your deal
Buyers should read every SRW on title, including the plan showing where it is and the agreement setting out rights and restrictions. Some prevent building, paving changes or fencing in the area; others give access for repairs at any time. Check how an SRW affects site layout, parking, loading and redevelopment. Lenders and appraisers will look at it.
Owners planning redevelopment may need to relocate or modify SRWs, which takes time and negotiation. Municipalities often require new SRWs as a condition of development, for sidewalks or utilities. Tenants should know about SRWs that affect their premises. A title search through the Land Title and Survey Authority (LTSA) shows registered charges; get the documents, not just the list.
Some old SRWs are no longer used and can sometimes be discharged with the holder's agreement, which cleans up title before a sale or rezoning. Ask your lawyer to explain each one in plain words before subject removal.
Mistakes I see
Not reading the agreement. Ignoring the plan. Assuming it's harmless.
In BC and Vancouver
The Land Title Act the Act allows SRWs; documents are available from the LTSA.
Official sources: Land Title Act (BC Laws) · Land Title and Survey Authority of BC
What it is
A statutory right of way gives a public body, a utility or a city the right to use part of a property, for things such as pipes, wires, sidewalks or public access. It is registered on title and usually stays with the property when it changes hands.
Unlike an ordinary easement, it does not need a neighbouring property to benefit from it.
Why it matters
It can limit where you build, what you can put on that part of the land and whether workers can come onto the property.
Ask your lawyer what the document allows, who maintains the area and whether it affects your plans. Cities sometimes ask for new ones as part of a development approval.
Questions to ask before you sign
- Where is the SRW?
- What does it allow?
- Does it block my plans?
- Can it be moved or discharged?
Keep reading
Related terms: Right of way, Easement
Working through this right now? Questions are free. Book a 15-minute call or call or text 604 256 2002, and I’ll give you a straight answer.
Back to the A–Z index · common questions · tactics to watch for · the shorter glossary
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.