What does a covenant on a BC property title mean?

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A covenant on title is a registered promise about the land, such as not to build in a strip, to keep trees or to build only one house, and it binds every later owner until it's discharged or a court cancels it. Covenants run with the land, so a buyer takes on the promises past owners made. Look up the address or PID on PlaceDossier to see the record for that lot. Covenants for a public body: A covenant in favour of the Province, a council, a regional district, TransLink, a local trust committee, or a body the minister designates such as a land trust, can say how the land or a building on it is used, that it is built on only as the covenant says or not at all, that it isn't subdivided, that two lots aren't sold apart, or that an amenity such as a stream, trees, wildlife habitat or heritage is kept in its natural or existing state (Land Title Act s. 219 (1) to (5)). It binds later owners, may require positive acts, and may carry an indemnity or a rent charge (s. 219 (2), (6)). Councils often take one as a condition of a subdivision or permit: a no-build area on a slope or floodplain is a common example (our reading). Private restrictive covenants: A covenant between neighbours registers only if it restricts rather than requires something, names both the lot it burdens and the lot it benefits, and the land is under the Land Title Act (s. 221 (1)). Registering one doesn't settle whether it can be enforced (s. 221 (2)). Building schemes: An owner selling two or more lots of a development can register one declaration of building scheme setting restrictions consistent with a general scheme, commonly on house size, design, materials, fences or uses. From registration it binds every lot and every later owner, and each owner gets its benefits, so the neighbours can enforce it (s. 220 (1) to (3)). The owners of the land under the scheme can agree to change or discharge it (s. 220 (4)). Covenants and zoning: A covenant doesn't change the zone, and a zone that allows more, such as the homes provincial law now requires on most house lots, doesn't by itself cancel a covenant or building scheme limiting the lot to less (our reading). Ask a lawyer before you count on what the zoning allows. Void covenants: A covenant restricting who may buy, own, live on or use land by sex, race, creed, colour, nationality, ancestry or place of origin is void, whenever it was made, and the registrar may cancel it (s. 222). Changing or cancelling one: A public body's covenant can be changed by it and the owner together, or discharged by it, in a signed instrument (s. 219 (9)). Otherwise anyone with an interest in the land can ask the Supreme Court to change or cancel a covenant, building scheme, easement or right of way because it is obsolete, impedes reasonable use without practical benefit to others, the people it benefits agreed, no one it benefits will be harmed, or it is invalid or expired; the court can order compensation (Property Law Act s. 35). What it means for a buyer: Read every covenant before you buy, not only the list: the terms can stop a second home, a shop, a driveway, tree cutting or a subdivision the zone allows. A report can't see covenants, as titles aren't open data; it shows the rights of way ParcelMap BC draws.

What does a covenant on a BC property title mean?

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