What Is a Restrictive Covenant on an Alberta Property Title?

This answer covers the law of Alberta.

A restrictive covenant is a registered promise that limits what an owner can do with their land, such as what can be built or how the property is used. In Alberta, it may be registered as annexed to registered land for the benefit of other registered land, with a memorandum entered on the certificates of title of the burdened parcel and the benefited parcel.

The key rule is that later owners are deemed to have notice of a registered covenant that runs with the land and to be bound by it. That means buying a property usually means taking on its covenant. A covenant that is simply described as running with the land does not necessarily do so, because its nature or wording must allow it.

Whether you can get out of one depends on the covenant and the facts. A registered restrictive covenant may be modified or discharged by court order, including where it conflicts with a land use bylaw or statutory plan, if the change is in the public interest. A caveat protecting such a covenant can also be modified or discharged only by court order. Wording matters a great deal, so have a lawyer review the covenant before you act.