What Is a Statutory Right of Way on a BC Property, and Can I Still Build on It?
“• A statutory right of way (SRW) is a legal permission, registered on a property’s title, that lets a utility or government body use part of your land for things like power lines, sewer or water pipes.
• It stays with the land. If you buy the property, you take it on, and so does the next buyer after you.
• You still own the land and can usually still build on the rest of the lot, but the strip covered by the SRW generally has to stay clear of buildings, large trees and anything that blocks access.
• It is easy to find before you buy: it shows up on the title search, and the registered document spells out exactly what is and is not allowed.
• If you are buying or planning a renovation, read the actual document before subjects come off, not just the one-line title entry.”
The short answer: you can often build on the lot, but not on the strip
A statutory right of way is a registered charge on title. In plain terms, it is a standing agreement between the property and a utility, municipality or other public body that gives that body the right to come onto a defined part of your land to install, maintain or repair infrastructure. BC Hydro, for example, describes it as a legal agreement registered against the title of the land that lets it access the area for construction, operation and maintenance.
The part that matters for most buyers and owners is what you are asked to keep out of that strip. BC Hydro's guidance says owners should keep the area clear of structures, fire hazards, vegetation and anything else that could interfere with the asset's operation or maintenance. Other holders, such as a city with a buried sewer line, write their own terms, so the answer to "can I build here?" always comes back to the wording of the specific document.
The right of way does not shrink your lot. The City of Richmond's guidance on the topic notes that a right of way does not reduce the size of the property, and in most cases does not reduce the size of the structure you are permitted to build. It limits how you use the strip, not whether you own it.
That is reassuring, but it is not a blank cheque. Depending on where the strip runs, it can still take a patio, a garage, a pool or a future addition off the table. That is why I would rather you know where it sits before you fall in love with a floor plan.
HOW IT DIFFERS FROM AN EASEMENT OR COVENANT
These three title entries get mixed up constantly, and they behave differently. A short comparison helps, so I have built it as a table you can paste in below.
| Statutory right of way | Easement | Section 219 covenant | |
|---|---|---|---|
| Who benefits | A utility, municipality or other public body | A neighbouring parcel of land | Usually a public body, such as a municipality |
| What it does | Lets the holder access a strip to install and maintain infrastructure | Lets one property use part of another for a set purpose | Restricts or requires something about how you use the land |
| Needs a neighbouring parcel? | No | Yes | No |
| Shows on title? | Yes | Yes | Yes |
| Binds future owners? | Yes | Yes | Yes |
| Typical question it raises | Can I build or plant over the strip? | Who can cross or use this part of my lot? | What am I not allowed to do on this lot? |
Source: Crease Harman LLP and City of Richmond right-of-way guidance. General information only, not legal advice.
The simplest way to think about it: an easement usually benefits a neighbouring parcel, a statutory right of way usually benefits a utility or public body, and a section 219 covenant is a promise about what you will or will not do with the land. All three are registered on title and all three bind future owners. Crease Harman, a BC law firm that works on these charges, notes they can significantly affect property value, development potential and land use, which is a good reason to treat them as part of the purchase decision rather than paperwork.
Old private covenants have also been in the news as provincial zoning changes open the door to more housing. My brokerage's own news section covers that angle well, and I would read it alongside this if your plan involves adding a suite or subdividing. For a closer look at what the rules allow on a lot, see my post on small-scale multi-unit housing and whether it applies to your lot.
HOW TO FIND OUT BEFORE YOU BUY
The good news is that this is one of the more checkable risks in a purchase.
Start with the title search
Any right of way, easement or covenant on a BC property is noted on its title. Your lawyer or notary will pull the title as part of the process, and I would ask for a copy early, during your subject period rather than at the end. Each charge carries a registration number that points to the full document.
Read the document, not just the title line
A title entry that says "statutory right of way" tells you very little. The registered document tells you the width of the strip, where it runs, who holds it and what you can and cannot do within it. If it is hard to picture, ask for a survey or a Real Property Report-style plan that shows the strip relative to the house, because a drawing answers questions words do not.
Ask the right people
If you are planning something specific, such as a garage, a coach house or a pool, ask the holder (the utility or the municipality) what they would allow. If a right of way is not in use, an owner can apply to the holder to have it discharged from title, though the holder decides, and it is not automatic.
For context on how this fits into the rest of your due diligence, my post on reviewing strata documents covers the equivalent homework on the condo side, and the property disclosure statement is where a seller is asked about known issues with the property.
What This Means for You
If you are a buyer, a right of way is not a reason to walk away on its own. Many North Shore homes carry one for a utility line or a sewer connection and nobody notices for decades. What I would do is confirm, before subject removal, that the strip sits where it does not conflict with the plans you have for the lot. If you are looking at a home partly for its development potential, such as adding a suite or subdividing under the new zoning, check the charges first, because they can quietly change the math. My post on subdividing a District of North Vancouver property explains why the lot-level details matter so much.
If you are a seller, the same logic works in your favour. Knowing what is registered on your title, and being able to explain it in a sentence, takes a surprise out of the deal. A buyer who finds a charge late in the process tends to get nervous, and a nervous buyer asks for a price reduction or an extension. A buyer who sees it up front, with the plain-language explanation, usually just reads it and moves on.
If you already own the home and are planning work, check title before you draw up plans, not after. It costs far less to move a shed on paper than on site.
I am not a lawyer, and the wording of each document controls, so your lawyer or notary should review anything that affects what you are planning to build. If you are weighing a specific property and want a second set of eyes on what is registered against it, I am happy to walk through it with you at whatever pace suits you.
A Simple Next Step
If you are looking at a North Shore home and want help reading what is on its title, reach out. There is no pressure and no timeline: get in touch with me here, and we will go through it together.
This post is general information, not legal advice.
Related Reading
What Is Small-Scale Multi-Unit Housing, and Does It Apply to My Lot?
Can You Subdivide Your District of North Vancouver Property Under the New Zoning?
Land Title Fraud Is Rare in BC, But Here's the One Free Step Every North Shore Homeowner Should Take
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Matt@RossettiRealty.ca
About Matt Council
Matt Council is a North Vancouver Realtor and West Van specialist with a background in finance, focused on a data-driven, pressure-free approach to buying and selling on the North Shore.