Publication

Consultation Paper on Restrictive Covenants

Published: 2011-07-11 00:00:00
Paper Number:
Project: Real Property Reform Project Phase 2 (2012)

A covenant running with land is an obligation owed by one landowner to another that is enforceable between successors in title or interest of the original parties.  While originating as a contractual obligation, a covenant running with land derives many of its characteristics from property law.  A familiar and frequently encountered type of covenant running with land is the restrictive covenant. While restrictive covenants have only been recognized since the mid-nineteenth century, the rules surrounding them are firmly established.

The Project Committee believes the reforms covered by the tentative recommendations in this consultation paper are timely and will simplify and rationalize the law of covenants affecting land.  Comment on these tentative recommendations is invited from all interested sectors.

Click here to download this consultative document in Adobe Acrobat (PDF) format.

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We are interested in your response to this consultation paper.  The tentative recommendations are those of the Project Committee and have not yet been formally adopted by the Board of Directors of the British Columbia Law Institute.  The tentative recommendations in this consultation paper may be subject to revision following consideration of responses received.

 

How to Respond

Responses can be sent to us in one of three ways

by mail:

British Columbia Law Institute
1822 East Mall
University of British Columbia
Vancouver, BC   V6T 1Z1

Attention: Gregory G. Blue, Q.C.

by fax: (604) 822-0144

by e-mail: gblue@bcli.org

Please forward your response before  1 September 2011.

Your response will be used in connection with the Real Property Reform Project.  It may also be used as part of future law reform work by the British Columbia Law Institute or its internal divisions. All responses will be treated as public documents, unless you expressly state in the body of your response that it is confidential. Respondents may be identified by name in the final report for the project, unless they expressly advise us to keep their names confidential. Any personal information that you send to us as part of your response will be dealt with in accordance with our privacy policy. Copies of our privacy policy may be downloaded from our website here.

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