Ever spotted "Exceptions and Reservations — Esquimalt and Nanaimo Railway Company" on your Vancouver Island title and wondered what it means? Here's the real story behind the Island's most common — and most misunderstood — historical land charge. If you own property almost anywhere between Victoria and Campbell River, there’s a decent chance you’ve seen a curious line buried in your title search:
Exceptions and Reservations — Esquimalt and Nanaimo Railway Company, Inter Alia
There’s no dollar figure, no payment deadline and no obvious explanation—just old legal wording connected to a railway company that no longer operates under its original name.
Naturally, this can make property owners wonder: Could someone show up and start digging a mine shaft in the backyard?
Not quite.
The real explanation is a fascinating piece of Vancouver Island history. It is worth understanding whether you already own a home here or are starting to explore the South Vancouver Island real estate market.
The Railway Deal That Shaped Vancouver Island
In the 1880s, the province reached an agreement with coal baron Robert Dunsmuir and the Esquimalt and Nanaimo Railway Company to build a railway between Esquimalt and Nanaimo.
In exchange for constructing the railway, the company received an enormous land grant covering approximately 1.9 million acres—close to one-quarter of Vancouver Island.
The grant extended through large portions of southeastern Vancouver Island, including areas around:
Greater Victoria and the Westshore
The Cowichan Valley
Nanaimo
Parksville and Qualicum
The Comox Valley
This was not simply a narrow strip of land running beside the railway tracks. The grant stretched for many kilometres on either side of the railway.
That is why properties in Langford, Sooke, Duncan and other communities far from the current rail corridor can still carry an E&N Railway notation on title.
What Rights Were Reserved?
When portions of the original railway lands were sold, the E&N Railway Company sometimes retained—or reserved—certain rights.
Depending on the wording of the original land grant, these could include:
The right to enter the land and remove timber for railway purposes
Rights associated with railway lines, stations and workshops
Rights to coal, minerals and other resources beneath the surface
Rights of entry connected to accessing those resources
Those historical rights are what the “Exceptions and Reservations” notation represents.
The exact wording can vary from one original grant to another, so not every property is necessarily affected in exactly the same way.
What Does “Inter Alia” Mean?
Inter alia is Latin for “among other things.”
In land-title practice, it generally refers to the original document affecting the property, along with other lands.
Your modern residential lot may have started as one small piece of a much larger parcel that was subdivided many times over the past century.
In other words, your property is one tiny piece of a much bigger historical puzzle.
Is the E&N Charge an Easement?
Not exactly—and the distinction matters.
An easement usually provides a clearly defined right to use part of another property, such as:
A shared driveway
A utility line
Access over a neighbouring parcel
The E&N reservation is broader and more unusual.
In some cases, it represents a separation of ownership rights. A homeowner may own the surface of the land while certain mineral or resource rights were historically retained by another party.
That sounds dramatic, but for most established residential properties it has very little practical effect.
What Is Registration Number M76300?
Many Vancouver Island titles show the reference number M76300 beside the E&N Railway notation.
M76300 is not the original registration number from the 1800s. It is a modern indexing number created when the Land Title Office computerized its records.
It allows these old E&N exceptions and reservations to appear consistently on electronic titles.
That is also why the title may include wording such as:
For actual date and time of registration, see original grant.
The legal rights date back to the original historical grant—not to the date the M76300 reference was added to the computerized system.
Does the E&N Railway Company Still Exist?
The original E&N Railway Company was acquired by Canadian Pacific Railway in 1905.
The railway corridor itself—the land containing the tracks—has been owned by the Island Corridor Foundation since 2003. The Island Corridor Foundation is a non-profit organization involving First Nations and regional governments.
There continues to be discussion about restoring passenger rail service on portions of Vancouver Island, including potential service between Victoria and the Westshore.
However, there is an important distinction:
The railway corridor and the historical land-grant rights are not necessarily the same assets.
When a company is sold, reorganized or dissolved, its property rights do not automatically disappear. Those rights may be:
Transferred to another company
Assigned to a successor
Surrendered or released
Passed to the Crown
Left on the title because no one has completed the legal process required to remove them
The title still refers to the Esquimalt and Nanaimo Railway Company because that was the original party named in the grant.
It does not necessarily mean the original railway company—or anyone else—can simply arrive and exercise those rights without first establishing current ownership and legal entitlement.
Should Vancouver Island Homeowners Be Concerned?
For the vast majority of established homes in Greater Victoria, the Westshore, Cowichan Valley and Nanaimo areas, the answer is no.
Real estate lawyers, notaries, lenders, and title insurers regularly see the E&N Railway notation.
It is generally treated as a standard historical title exception and:
It does not mean money is owed
It is not a mortgage or lien
It usually does not prevent financing
It normally remains on the title when the property is sold
It rarely has a practical effect on an established residential property
It is one of those title entries that look far more alarming than they usually are.
When Is Further Investigation Recommended?
The E&N notation deserves closer attention when purchasing or developing:
Large rural properties
Land directly beside the historical railway corridor
Vacant development land
Properties being considered for subdivision
Land where substantial excavation is planned
Properties involving mining, quarrying or resource extraction
Land in areas with known historical coal mining activity
In those situations, a real estate lawyer or notary may recommend reviewing the original grant, historical title documents, surveys and any subsequent releases or transfers.
The notation alone does not tell you exactly who owns every historical right today.
A Historical Fingerprint on Island Real Estate
For most Vancouver Island homeowners, the E&N Railway charge is simply an interesting historical fingerprint on the property title.
It is a reminder that many of our modern neighbourhoods were shaped by a massive 19th-century railway agreement—one that influenced land ownership patterns across southeastern Vancouver Island and continues to appear on property titles more than 130 years later.
So no, an old railway company is probably not coming to dig a coal mine under your barbecue.
But the story behind that mysterious title notation is a pretty remarkable piece of Vancouver Island history.
Have Questions About a Property Title?
Every property is different, and historical title charges can be confusing.
If you are buying or selling a home on Southern Vancouver Island and come across something unfamiliar on the title, I can help explain the general context and connect you with the appropriate lawyer or notary for legal advice.
Mike Doughty, REALTOR®
RE/MAX Camosun
Serving Greater Victoria, the Westshore and the Cowichan Valley
778-400-0475
mike@mikedoughty.ca