Two recent court rulings suggest BC homeowners may have a tough time citing decades-old land title covenants when challenging densification of their neighbourhoods.
A BC Supreme Court judge ruled that a covenant registered in the late 1950s on the land titles of about 200 properties in Squamish is obsolete and should be cancelled. The covenant prohibited the construction of anything other than a single-family residence.
In another BC Supreme Court case, a judge changed the language of a
covenant registered on a set of residential properties in Nanaimo since
the late 1970s. He dropped a phrase that specifies dwellings will be
“for not more than one family” because the restriction “is “inherently
vague and uncertain” ...
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