When buying or developing land, it’s important to understand any covenants that are attached to the land.
What is a Covenant?
A covenant is a legal restriction or agreement placed on land that dictates how the landowner can use or develop their property. It mostly applies when an owner subdivides land for sale and wishes to apply restrictions on the use and development of the lots.
What is the Purpose of a Restrictive Covenant?
A restrictive covenant prohibits certain activities or uses of the land. They are typically put in place to:
- Limit development to only one dwelling on a lot
- Control the type of building materials used for new buildings and fences
- Prevent the use of the land for commercial purpose
- Prohibit the use of the land for quarrying operations
- Prohibit construction of buildings that would block a scenic view
- Prevent the removal of specific trees or vegetation
Restrictive covenants are often used by developers to ensure a subdivision maintains a consistent look and feel. This helps maintain uniformity within a development, protects property value and protects the interests of other property owners within the development.
Restrictive covenants are usually established during the sale or subdivision of land and are recorded on the property title. They apply to all future owners of the property not just the original parties involved. Covenants can only be removed with a Supreme Court application or a planning scheme amendment.
Covenants can significantly impact property development and use. Prior to purchasing or developing land, it’s important to review any covenants attached to the property title. Covenants can be found by requesting a title search. The title search will show any registered covenants on the property.
To discuss your building design needs, contact the team at Lateral Building Design.
