Non-Financial Charges on Title and recent decision of B.C. Supreme Court

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!

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