COVENANTS

What is a restrictive covenant in real estate?

A restrictive covenant is a type of contractual arrangement which limits the owner of the land to what they can do with their property. They are intended to enhance property values by controlling development and creating uniformity.

These covenants are attached to a property title and registered at BC Land Titles office. Restrictive covenants operate outside of and in addition to municipal zoning bylaws and city restrictions.

It is extremely important that you know the charges, covenants, and easements registered to the property before you decide to purchase it, as it may restrict your future plans for building.

Does a restrictive covenant run with the land?

Yes, a restrictive covenant runs with the land. Therefore, a person who purchases a lot with a restrictive covenant on title must honor the building limitations of this restriction.

Home owners are expected to be aware of the restrictive covenants registered against their property. All residences in Bear Mountain have the same restrictive covenants.

What if I don’t comply with the restrictive covenant?

If a homeowner does not comply with the restrictive covenant and therefore disregards the restrictions than any other person living in the community or community association related to the community is entitled to go to the court to enforce it. There may be other neighbors who are required to comply to the same covenant, or it might be the person who registered the covenant that will be enforcing the restriction. If successful, this could include a court order for the forced removal/change of the non-complying issue. Court costs for all parties can be levied against the homeowner that is violating the covenant.