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.
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
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: [email protected]
Please forward your response before 1 September 2011.
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