Restrictive Covenant (Section 219)

A Section 219 covenant is a statutory agreement registered on title under Section 219 of the Land Title Act (RSBC 1996, c. 250), which restricts the use or development of land in favour of a government body or public authority. Unlike a common-law restrictive covenant, a Section 219 covenant does not require a dominant tenement (a benefiting parcel) to be enforceable, making it a flexible tool for public-interest land-use restrictions. Common examples include covenants protecting environmentally sensitive areas, restricting building footprints, or managing stormwater on a property.

A common-law restrictive covenant in BC requires both a burdened parcel (servient tenement) and a benefiting parcel (dominant tenement), and the restriction must touch and concern the land to run with it. A Section 219 covenant, by contrast, can be held in favour of a government body or public authority without any dominant tenement, as expressly permitted by Section 219 of the Land Title Act. This distinction makes Section 219 covenants particularly useful for municipalities, the Province, and agencies such as the Agricultural Land Commission when regulating land use in the public interest.

A Section 219 covenant is registered at the BC Land Title and Survey Authority (LTSA) as a charge against the title of the burdened property, in the same way as a mortgage or easement. The covenant document, once executed by the landowner and the covenantee (typically a municipality or provincial body), is filed using the appropriate land title forms and becomes binding on the land from the date of registration. Because it is registered as a charge, it appears on title searches and must be disclosed to prospective purchasers.

Yes. Once registered under Section 219 of the Land Title Act, the covenant runs with the land and binds all subsequent owners, regardless of whether they had personal knowledge of it at the time of purchase. Registration at the LTSA provides constructive notice to the world, so a buyer cannot claim ignorance of a registered Section 219 covenant. This is why a thorough title search before completing a purchase is essential.

Under the Real Estate Services Act (RESA) and the rules administered by the BC Financial Services Authority (BCFSA), a licensee acting for a seller must disclose all known material latent defects and material facts about a property, which would include a registered Section 219 covenant that affects its use or development potential. A buyer's agent similarly has a duty to advise their client to conduct a title search that would reveal any such registered charges. Failure to disclose or investigate a material restriction could constitute a breach of a licensee's duties under RESA and could be subject to BCFSA disciplinary action.

A Section 219 covenant can generally only be discharged, modified, or released by agreement of the covenantee — the government body or public authority that holds the benefit — and the discharge must then be registered at the LTSA to remove the charge from title. Because the covenantee is typically a public authority acting in the public interest, consent to discharge is not routinely granted and may require a formal application or bylaw process depending on the covenantee's governing legislation. The BC Supreme Court also has limited jurisdiction to modify or extinguish certain restrictive covenants under Section 35 of the Property Law Act (RSBC 1996, c. 377), but this avenue is subject to statutory criteria.

A Section 219 covenant registered against a parcel before or after strata plan deposit under the Strata Property Act (SBC 1998, c. 43) will encumber the underlying land and affect all strata lots and common property created from it. Prospective strata lot buyers should review not only the strata corporation's Form B Information Certificate and bylaws but also conduct a title search on their individual lot and the parent parcel to identify any Section 219 covenants that may restrict development, alterations, or use of the property. The strata corporation itself may also be bound by obligations in a Section 219 covenant if the covenant relates to common property or the overall parcel.

Yes. A property within the Agricultural Land Reserve (ALR) may carry a Section 219 covenant in addition to the land-use restrictions imposed under the Agricultural Land Commission Act (SBC 2002, c. 36). The covenant and the ALR restrictions operate independently — a property must comply with both — and a Section 219 covenant may impose additional restrictions beyond what the Agricultural Land Commission (ALC) requires, such as limiting the location or size of structures. Buyers of ALR land should review both registered title charges and any applicable ALC orders or exclusion conditions alongside any Section 219 covenants.

The presence of a Section 219 covenant does not create a separate Property Transfer Tax (PTT) exemption under the BC Property Transfer Tax Act; PTT is calculated on the fair market value of the property transferred using the standard tiers (1% on the first portion of fair market value, 2% on the next portion, 3% on the portion above a higher threshold, and an additional 2% on the residential portion above $3,000,000). However, if a Section 219 covenant materially restricts the development potential or use of a property, it may reduce its fair market value, which could in turn affect the PTT base; valuation questions should be directed to the BC Ministry of Finance or a qualified BC Assessor. Standard exemptions such as the First-Time Home Buyers' Program or Newly Built Home Exemption are governed by their own criteria under the Property Transfer Tax Act and are not directly altered by the existence of a Section 219 covenant.

A buyer should obtain a full copy of the registered Section 219 covenant from the LTSA and carefully review its specific terms, including the nature of the restriction (e.g., limits on impervious surfaces, building envelopes, or vegetation removal), any obligations requiring ongoing maintenance or reporting, and whether any consent or approval process exists for proposed uses. The buyer should confirm with the covenantee — such as the relevant municipality or provincial ministry — how the covenant is currently being interpreted and enforced, since the wording can be technical and the practical implications may affect financing, insurance, or future development plans. Legal advice from a BC lawyer experienced in real property is recommended before completing a purchase subject to a Section 219 covenant.