Can I Remove a Restrictive Covenant From My Property Title in BC?
This answer covers the law of British Columbia.
Sometimes, but not on your own. A covenant registered under section 219 of the Land Title Act can be modified by the holder and the landowner together, or discharged by the holder alone, using a written instrument witnessed or proved in accordance with the Act. The landowner cannot discharge it alone.
If the holder will not agree, you can apply to the Supreme Court, which may modify or cancel a covenant, easement or statutory right of way burdening land. The court may make the order if the application is not premature and a ground applies, such as the covenant being obsolete because of changes to the land or neighbourhood, or reasonable use of the land being impeded without practical benefit to others. It may also require you to pay compensation to anyone damaged by the order.
Who holds the covenant matters, because the holder may be the Crown, a municipality or a regional district, among others. Flooding covenants required under the former s. 82 follow a different route, where the approving officer alone may discharge them. Your options depend on the wording, so confirm with a lawyer.
Key takeaways
- You cannot discharge a section 219 covenant on your own, but the holder can discharge it, or modify it together with you.
- A section 219 covenant binds successors in title, so it generally stays with the land when it is sold.
- A person interested in the land may apply to the Supreme Court to modify or cancel a covenant, but the court may act only if the application is not premature and one of the listed grounds applies.
- Registering a section 219 covenant does not mean the registrar decided it is enforceable.