A Section 219 restrictive covenant is an agreement registered under Section 219 of the Land Title Act, RSBC 1996, c. 250, that restricts the use of land. It typically runs in favour of a government body or public authority and binds future owners, for example to protect environmentally sensitive areas, manage stormwater, or limit building footprints. The covenant is registered against the land's title and is enforceable by the party holding the covenant's benefit.

Under Section 219 of the Land Title Act, RSBC 1996, c. 250, a restrictive covenant may be filed in favour of a government body, a municipal or regional district, the Agricultural Land Commission, or another public authority specified in the statute. Private parties generally cannot use Section 219; private restrictive covenants are registered differently (e.g., under Section 219(1)(b) with an approving officer or under common law). Verify the current scope and list of eligible covenant holders with a BC lawyer or notary before acting.

A Section 219 covenant registered under the Land Title Act, RSBC 1996, c. 250, runs with the land and binds all future owners unless the covenant is expressly modified, discharged, or released by the covenant holder. Sale or transfer of the property does not extinguish the covenant. Always review the registered covenant's terms and consult a BC lawyer or notary to confirm enforceability and any release conditions.

Yes, but only with the consent of the covenant holder (typically the government body or public authority in whose favour it was registered) under Section 219 of the Land Title Act, RSBC 1996, c. 250, or by court order. The covenant holder must file a statutory release or modification with the Land Title and Survey Authority. Verify the process, required consents, and any fees with a BC lawyer, notary, or the covenant holder before acting.

Yes. Under the Real Estate Services Act (RESA), SBC 2004, c. 42, and the RESA Rules, licensees must disclose all material latent defects and encumbrances known to them; a Section 219 covenant is a registered encumbrance visible on title and must be disclosed to prospective buyers. Buyers and their legal representatives should review the registered covenant's terms before completing the transaction. Verify disclosure obligations with a BC lawyer, notary, or licensed real estate professional before acting.

A Section 219 covenant does not directly exempt you from property tax or Property Transfer Tax under the Property Transfer Tax Act, RSBC 1996, c. 378, but restrictions on use (e.g., conservation, agricultural, or drainage easement) may affect the property's assessed value and thus annual property taxes set by BC Assessment and your municipality. The covenant itself is not a taxable event. Verify current valuation rules and any available grants with BC Assessment or a licensed tax professional before acting.

The covenant holder (government body or public authority) may enforce the covenant through an injunction, damages, or a court order requiring compliance under Section 219 of the Land Title Act, RSBC 1996, c. 250, and common law remedies for breach of covenant. Breach may also trigger municipal bylaw enforcement or penalties if the covenant supports a zoning or environmental regulation. Verify remedies and enforcement procedures with a BC lawyer before acting.

A Section 219 covenant under the Land Title Act, RSBC 1996, c. 250, may be registered on any parcel of land, whether bare, improved, residential, commercial, agricultural, or otherwise, provided it meets the statutory requirements and is accepted by the Land Title and Survey Authority. Covenants are commonly used on bare land for environmental protection, drainage, or future development controls. Verify the specific requirements and registration process with a BC lawyer or notary before acting.

Yes. Section 219 of the Land Title Act, RSBC 1996, c. 250, is frequently used by municipalities, regional districts, and provincial agencies to protect environmentally sensitive areas such as riparian zones, wetlands, wildlife habitat, or steep slopes by restricting development, clearing, or other activities on the land. The covenant is registered on title and enforceable against current and future owners. Verify the specific restrictions and permitted activities with the covenant holder or a BC lawyer before acting.

You can obtain a title search from the BC Land Title and Survey Authority (LTSA) for the property; any Section 219 covenant will appear as a registered charge on the title, along with the covenant's legal description and terms or a reference document number. Your BC lawyer or notary will review the covenant as part of the conveyancing process. Always conduct a title search and legal review before completing a real estate purchase in BC.