Covenant

A restrictive covenant is a legal obligation registered on the title of a property under the Land Title Act, RSBC 1996, c. 250, that restricts what an owner can do with the land. Common examples include building design restrictions, no-further-subdivision covenants, environmental protection covenants, and access rights. Covenants run with the land and bind future owners, meaning they remain enforceable even after the property is sold. Verify the specific terms and enforceability of any covenant with a BC lawyer or notary before purchasing.

Covenants are registered on the title and can be discovered by ordering a title search through the BC Land Title and Survey Authority or by having your lawyer, notary, or licensed real estate professional conduct a title search. The covenant document itself is usually registered as a separate charge and should be reviewed in full before completing the purchase. Verify all registered charges and their implications with a BC lawyer or notary as part of your due diligence.

Yes. No-further-subdivision covenants are commonly registered on title in British Columbia and legally restrict the owner from subdividing the land, even if local zoning under the Local Government Act, RSBC 2015, c. 1, would otherwise permit subdivision. These covenants are enforceable under the Land Title Act, RSBC 1996, c. 250, and run with the land. Verify whether such a covenant is registered on title and explore options for discharge or modification with a BC lawyer or notary before proceeding.

A restrictive covenant is typically enforceable by the person or entity named in the covenant document (the covenantee) or their successors, and in some cases by other property owners in a common building scheme. The Land Title Act, RSBC 1996, c. 250, governs the registration and enforceability of covenants. Verify who has the right to enforce a specific covenant and the remedies available with a BC lawyer or notary.

Yes, but only with the written consent of the party entitled to enforce the covenant (the covenantee), or by court order. Under the Land Title Act, RSBC 1996, c. 250, a covenant may be discharged or modified if registered consent is obtained or if a court determines the covenant is obsolete, no longer serves its purpose, or is unreasonable. Verify the process and likelihood of success with a BC lawyer or notary before attempting discharge or modification.

A building scheme covenant (also called a strata of covenants or community scheme) is a set of restrictive covenants that apply uniformly across multiple properties in a subdivision to maintain architectural or use consistency. Under the Land Title Act, RSBC 1996, c. 250, these covenants are mutually enforceable among all owners within the scheme. Verify the specific terms and enforceability of building scheme covenants with a BC lawyer or notary before purchasing.

Yes. Environmental covenants are increasingly common in British Columbia and may restrict land use to protect sensitive ecosystems, watercourses, or habitat, often as a condition of subdivision or development approval. These covenants are registered under the Land Title Act, RSBC 1996, c. 250, and may involve obligations such as setbacks, no-build zones, or ongoing land stewardship. Verify the scope and obligations of any environmental covenant with a BC lawyer or notary and confirm compliance requirements with the relevant local government or environmental authority.

Yes, restrictive covenants can affect property value, either positively (by preserving neighbourhood character or limiting density) or negatively (by restricting permitted uses, building size, or subdivision). The impact depends on the specific restrictions and the market's perception of those restrictions. Verify the financial and practical implications of any covenant with a BC real estate professional, appraiser, lawyer, or notary before making an offer.

Strata properties are governed primarily by the Strata Property Act, SBC 1998, c. 43, and bylaws registered under that Act, rather than by restrictive covenants on individual strata lot titles. However, the underlying land (the strata corporation's common property and land) may be subject to covenants registered under the Land Title Act, RSBC 1996, c. 250, that affect the entire development. Verify whether any covenants are registered on the strata plan or underlying title by reviewing the title search and strata documents with a BC lawyer or notary.

Violating a restrictive covenant can result in enforcement action by the covenantee, including an injunction to stop the violating activity, a court order requiring you to remedy the breach, and potentially damages. The Land Title Act, RSBC 1996, c. 250, provides the statutory framework for covenant enforcement. Verify the risks, remedies, and defences available in your specific situation with a BC lawyer before undertaking any activity that may breach a covenant.