| Good morning,
Do you have a client relying on an old covenant to stop a multi unit building from being constructed in their neighbourhood? Do you have a builder wanting to build a small multi unit complex in a single-family neighbourhood but a covenant on title prohibits such a building? A recent decision of the B.C. Supreme Court suggests homeowners may have a difficult time relying on such covenants. The decision will make homebuilders happy, and those fighting the builders not so much. The case can be found at https://canlii.ca/t/kd06m and the article in the Vancouver Sun can be found at B.C. homeowners have mixed results challenging decades-old covenants | Vancouver Sun. The court’s opinion on whether or not to enforce the covenant turned on very specific language used. This decision reinforces the need to review all non-financial charges PRIOR to closing. If any realtor is not advising their client to review the charges they are missing a key part of their duty. If you’d like us to help you with that, reach us here: Terra Firma Title Review. Enjoy the day! |