Developers frequently want to impose ongoing restrictions on purchasers. Purchasers want their properties free of restrictions. This tension has led to significant uncertainty (since the B.C. Court of Appeal’s decision in 585582 B.C. Ltd. v Anderson[1]) about the enforceability of restrictive covenants requiring future commercial agreements.
This decision ...
Restrictive covenants are commonly used for a wide variety of reasons. They can ensure access across property or be part of a wider community plan. They can define the use land can be put to or protect it for a singular purpose. They are intended to be a commitment that runs with the land rather than just an obligation or benefit for the current owners. There is no standard form of ...
It seemed like a good idea at the time. However, as time passes, things change and having a restrictive covenant on title to property can become a big problem. Restrictive covenants are charges registered on title to land that restrict the use and enjoyment of that land in some way. They can prohibit activities on a property or confine the nature, size and location of ...
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