Have you ever been reading through your Nanaimo title search for a property you’re interested in purchasing and wondered what the section entitled Exceptions and Reservations – Esquimalt and Nanaimo Railway Company means? Well we actually see this on title for most of the homes in Nanaimo so here’s an explanation for you.
The Vancouver Island railway, first known as the Esquimalt and Nanaimo (E&N) Railway, was incorporated on September 27th, 1883 by Victoria coal baron Robert Dunsmuir, to support the coal and lumber industry and the Royal Navy Base at Esquimalt Harbour. Construction began on April 30th, 1884 and on August 13th, 1886 Prime Minister Sir John A. Macdonald drove home the last railway spike at Cliffside near Shawnigan Lake. The initial rail bed extended for 115 kilometers from Esquimalt to Nanaimo; hence the original name of the company. In 1888 the line was extended to the City of Victoria.
In exchange for constructing the railroad they were given a belt of land on either side of the railway. They have now sold most of this land, but every time they sold a piece of it, this Exception & Reservation would be created on the title of that property.
This reservation is commonly known as a reservation of minerals, although it does allow the Company to cut down trees on the property for railway purposes as well. What this really means is that if you were to strike oil, or find some coal or ore on your property you would have to pay a royalty to the Esquimalt and Nanaimo Railway Company if you were to mine it.
For more information on Vancouver Island's rail history click here.
For a further explanation read the attached PDF.
* The above is general information. Please verify all title content with your lawyer.
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