Section 219 Covenants Under the BC Land Title Act Explained

You are buying or already own a property, and the title lists a section 219 covenant. Often the holder is a municipality that required it as a condition of a permit or subdivision. The wording can look technical, but the practical questions are simple: what does it stop you doing, and who can enforce it?

This article explains section 219 of the Land Title Act in plain terms. Each covenant is different, so the registered document itself matters more than any summary.

This article covers the law of British Columbia.

What a section 219 covenant is

Section 219(1) and (2) of the Land Title Act allow a covenant about use of land, building, subdivision and separate sale to be registered against title. It is enforceable against the covenantor and the covenantor's successors in title, even if the covenant is not annexed to land owned by the covenantee. Section 219(7) says it binds successors in title.

The covenantor is the owner who gives the covenant. The holder, also called the covenantee, is the one who can enforce it. Common examples in practice are limits on building size or a requirement to keep an area undeveloped, but the actual terms are in the registered document.

Who can hold one

Covenants on use, building or subdivision may be held by the Crown, a Crown corporation or agency, a municipality, a regional district, the South Coast British Columbia Transportation Authority, or a local trust committee.

Covenants protecting land or an amenity may also be held by a person designated by the minister. Such a covenant stops being enforceable on that holder's death or dissolution, unless another covenantee is named or the minister has approved an assignee in writing.

What it means when you buy

A title shows the charges, liens and interests registered against the property. A section 219 covenant can be registered against title, and a title reflects the register only at a specific point in time. Because it binds successors in title, a buyer takes the property subject to it.

Registration of a section 219 covenant is not a determination by the registrar that it is enforceable. Whether a covenant is valid, and whether your plans breach it, are questions for a lawyer reading the document.

• Order the title and the full covenant document before you remove subjects.
• Check whether your intended use, renovation or subdivision is restricted.
• Ask the seller whether the holder has ever raised a breach.
• Find out who the holder is today.

How a covenant is modified or discharged

A section 219 covenant may be modified by the holder and the landowner together, or discharged by the holder alone, by a written instrument witnessed or proved in accordance with the Act. The landowner cannot discharge it alone.

There is a special case for covenants required under former section 82, which dealt with flooding and has since been repealed. For those, the approving officer and the landowner may modify the covenant, or the approving officer alone may discharge it.

A person interested in land may also apply to the Supreme Court to modify or cancel a covenant under section 35 of the Property Law Act. The court may make an order if the application is not premature and one of the listed grounds applies. These include the charge being obsolete, reasonable use of the land being impeded without practical benefit to others, the benefited parties having agreed, or the registered instrument being invalid, unenforceable or expired. The court may require compensation to those damaged.

How a municipality handles a request to discharge its covenant varies with the holder and the covenant's terms, so ask the municipality what it needs.

What to do next

• Search by PID, which you can find on a property tax notice, in ParcelMap BC or in BC Assessment's Assessment Search.
• Order the title and the covenant document; a fee applies.
• Note who holds the covenant and what exactly it restricts.
• Contact the holder before building or changing use.
• Speak to a lawyer if you want a covenant changed or if you are unsure whether you are in breach.

The LTSA does not process title searches by phone or email and does not answer questions about title contents. A registry agent or lawyer can order records and help interpret them.

Frequently asked questions