Restrictive Covenants
There are a variety of restrictive covenants which could be registered against your property and could affect how you may develop it. These covenants were placed on title by owners/developers to control how those lands were developed at that time and into the future. Some common examples include the following restrictions:
- Any building constructed must have a minimum value or have a minimum square footage.
- Any building constructed must be a minimum distance from a street or avenue.
- Only one dwelling house can be constructed on the lands.
- A restriction on the type of siding or roofing allowed on any building.
- A restriction on the size or height of a building or accessory building.
- A restriction on the types of fencing allowed. Examples include chain link or wood only.
What Can I Do to Remove a Restrictive Covenant?
To amend or remove a restrictive covenant from title a Court application is required. Supporting documents for the application are required to establish that the Court should remove or amend the restrictive covenant. Each case can vary depending on your facts and we can work with you to develop a strategy to meet your needs.
What Happens if I Don’t Remove or Amend a Restrictive Covenant on my Title?
It is important to note that the City of Calgary will issue building and development permits without regard to any existing restrictive covenant. The City of Calgary is concerned with compliance with the City of Calgary Bylaws and enforcement of those Bylaws and not compliance with any restrictive covenant.
Generally, the only party that can enforce compliance of a restrictive covenant is another property owner who has the same covenant registered against their property. If you haven’t addressed an existing restrictive covenant, you could receive approval from the City of Calgary to develop your property only to be faced with a neighbour initiating Court proceedings to enforce the restrictive covenant which could delay or even stop your development.
What Have we Done to Help?
We have achieved a variety of results over the years which include the following examples:
- The removal of the covenant from title.
- A declaration of the Court that the existing development, as evidenced by a current Real Property Report, was deemed compliant.
- An amendment of the covenant to remove a distance requirement.
- An amendment of the covenant to remove a requirement of a single dwelling house.
- An amendment of the covenant to remove a height restriction on an accessory building.
- An amendment of the covenant to allow for removal of a chain link fence and construction of a wood fence.
Do you need help with or have questions about a restrictive covenant? Contact Us to find out how exactly how we can help you.
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