Search results
Jan 18, 2024 · Challenging The Private Covenant. Given the durable and binding nature of restrictive covenants, most jurisdictions in Canada have developed legislation that allows a person to apply to the Court to remove or alter a covenant. In Alberta, Section 48(4) of the Land Titles Act allows for a restrictive covenant to be modified or discharged if:
Feb 8, 2024 · The complexities of property law and the specific legal framework surrounding restrictive covenants necessitate the expertise of experienced real estate lawyers. Role of Real Estate Lawyers: Assessment and Advice: Real estate lawyers can provide a comprehensive assessment of the restrictive covenant in question, offering clear advice on its implications for your property and your rights.
- (11)
- CAD, USD, EURO
- (587) 333-4358
- contact@olexlegal.ca
The Court of Appeal held that the 109-year-old restrictive covenant was valid and enforceable and should not be discharged. At common law, there would not seem to be any reason for an Ontario court to reach a different conclusion. The restrictive covenant was imposed by way of a “building scheme.”. This is an arrangement in which a ...
Jan 10, 2023 · If properly prepared and registered, a restrictive covenant will attach to the land and be enforceable against future owners. To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or send an casuallegal [at] abmunis.ca (email) to reach the municipal legal experts at Reynolds ...
Nov 22, 2012 · In the real estate context, a positive covenant refers to a promise by the owner of a parcel of land to do something (e.g., to pay money) in respect of that land or to use it in a specified way. Positive covenants are personal obligations that are only binding on the parties that agree to them and, at common law, do not "run" with the land ...
Sep 27, 2023 · People who have spent careers studying or dealing with restrictive covenants say they are more common than many people realize. But for the most part, they remain an arcane aspect of property law ...
People also ask
Are restrictive covenants enforceable in Alberta?
Can a restrictive covenant be enforceable against future owners?
How do I get legal advice on a restrictive covenant in Alberta?
Can a restrictive covenant be removed in Canada?
Can a restrictive covenant be modified or discharged in Alberta?
What happens if you breach a restrictive covenant in Alberta?
Jan 24, 2015 · Recent Case Law. As real estate lawyers, we are often asked about the enforceability of old restrictive covenants and caveats. There is an assumption that because a restrictive covenant was registered in 1911 that it is expired. Some take the perspective that in some communities, people are violating the restrictive covenants, therefore they do ...
