Definitions

138   In this Part:

"air space parcel" means a volumetric parcel, whether or not occupied in whole or in part by a building or other structure, shown as such in an air space plan;

"air space plan" means a plan that

(a) is described in the title to it as an air space plan,

(b) shows on it one or more air space parcels consisting of or including air space, and

(c) complies with the requirements of section 144;

"geodetic elevation" means an elevation derived from a source approved by the Surveyor General.

Air space is land

139   Air space constitutes land and lies in grant.

Covenant to grant easements or to convey restrictive covenants not implied

140   (1) A grant of an air space parcel does not transfer to the grantee an easement of any kind whatsoever nor does it imply a covenant restrictive of use nor a covenant to convey another portion of the grantor's land.

(2) Unless expressly granted, the title to the air space above the upper limits and below the lower limits of an air space parcel remain in the grantor.

Subdivision of land into air space parcels

141   (1) An owner in fee simple whose title is registered under this Act may, by the deposit of an air space plan, create one or more air space parcels separated by surfaces and obtain indefeasible titles for them.

(2) The air space parcel created by the plan devolves and may be transferred, leased, mortgaged or otherwise dealt with in the same manner and form as other land the title to which is registered under this Act.

(3) An air space parcel may be subdivided in accordance with the Strata Property Act.

Air space parcels in respect of highways

142   (1) If the title to all or part of a highway is vested solely in the Crown in right of the Province or in the BC Transportation Financing Authority, the minister charged with the administration of the Transportation Act may apply to register the title to all or part of the highway in the Crown in right of the Province or in the BC Transportation and Financing Authority, as the case may be, and, on registration, the government may create air space parcels and deal with them in accordance with this Act but, if the right of possession to a highway is vested, by an enactment, in a municipality, the minister charged with the administration of the Transportation Act must obtain the municipality's consent before creating or dealing in air space parcels.

(2) Despite subsection (1), the Lieutenant Governor in Council, on the recommendation of the minister charged with the administration of the Transportation Act, may authorize a municipality that has a statutory right of possession to a highway to create air space parcels and to deal with them under this Act.

(3) If the title to all or part of a highway is vested solely in a municipality, the council may, by bylaw, authorize an application to be made for the registration of the municipality's title to all or part of the highway and, on registration, the municipality may create air space parcels and deal with them under this Act.

(4) For the purpose of this section, an indefeasible title may be registered for all or part of a highway.

Air space plan

143   (1) An air space plan must not be accepted for deposit by the registrar unless

(a) the title to the land of which the air space parcels are part is registered in the register of indefeasible fees, and

(b) the land of which the air space parcels are part is shown as a single parcel on a subdivision plan or a reference plan deposited under this Act.

(2) The registrar must examine the application and the air space plan produced in support of it and, if satisfied that they are in order and in compliance with this Act, must assign to the plan a serial deposit number and register new indefeasible titles to the air space parcels.

Air space plan

144   (1) An air space plan must

(a) have its side boundary limits consist of vertical or inclined surfaces conforming to or lying within the boundaries of the single parcel referred to in section 143 (1) (b),

(b) have as its upper and lower limit a horizontal or inclined plane or arc of a circle, or combination of them,

(c) have a title, identifying the single parcel on the plan referred to in section 143 (1) (b) and indicating that the plan is a subdivision of the whole or part of that parcel,

(d) have noted on it the geodetic elevation of one corner of the ground surface of the single parcel referred to in section 143 (1) (b) and the geodetic elevation of every corner or angle of the air space parcel,

(e) include

(i) a plot to scale of the single parcel referred to in section 143 (1) (b), and

(ii) a 3 dimensional paraline drawing of the air space parcel contained between the planes or arcs and, if the surfaces of the air space parcel are both horizontal and vertical the plan must so state, otherwise all boundaries of the air space parcel must be fully dimensioned for length and direction, and

(f) contain a book of reference that

(i) allots a parcel letter or number to each air space parcel by reference to the lettered or numbered corners of it as shown on the plan, or as otherwise designated by a rule made under section 385 (5), and

(ii) states the cubic contents of each air space parcel.

(2) An air space plan tendered for deposit must

(a) be prepared by a British Columbia land surveyor and bear the statement approved by the director,

(b) [Repealed 2023-10-461.]

(c) comply with the rules respecting surveys and plans made under section 385 (5) for the purposes of this Part,

(d) be signed and witnessed in the same manner as is required under this Act for a subdivision plan,

(e) comply with subsection (1), and

(f) be approved by the proper approving officer.

Taxation

145   An estate or interest in an air space parcel, if separately owned, must be separately assessed for taxation for all types of rates, assessments and taxes authorized to be assessed against land and improvements by any Act.

Application

146   (1) Part 8 applies to an air space plan.

(2) Part 7 does not apply to this Part.