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A restrictive covenant is a legal agreement registered on a property’s title that restricts how the land can be used or developed. A restrictive covenant is tied to the land itself, not the owner, so unless discharged through a legal process, a RC endures from property owner to property owner.

Edmonton’s current zoning allows significantly more housing forms and development capacity than the previous zoning framework. Brookside is exploring an RC as a potential tool to support additional housing while giving residents more say over the scale and form of development in our neighbourhood.

Most Restrictive Covenants (RC’s) are simple agreements. They are legal documents, typically a few pages in length, containing:

• A description of the properties affected.
• Definitions of the “dominant” and “servient” lands (legal terms identifying who benefits from and who is bound by the covenant).
• The specific restrictions being imposed.
• Enforcement provisions.
• Registration requirements at Alberta Land Titles.

Unless otherwise limited by its own terms, many restrictive covenants remain registered indefinitely until they are discharged, modified, or otherwise terminated through appropriate legal means.

Yes, but only if all affected property owners agree, or through a court order. This ensures that one owner cannot unilaterally change or cancel it without everyone’s consent.

Any person who has signed the same restrictive covenant (RC) can enforce it. Enforcement can be done by an individual or a group of signatories to the Restrictive Covenant. If someone violates the RC, RC participants can collectively take legal action- by seeking an injunction or compliance order through the courts. It is the responsibility of all owners on the RC to be vigilant about identifying any developments that are not honouring the RC.

Challenging a covenant through the courts can be complex and expensive. Where a covenant includes a large number of participating properties, any legal challenge may require notice to hundreds of affected owners and successors in title. While a developer may apply to the Court of King’s Bench to discharge or modify a covenant, the developer must demonstrate that the covenant has become obsolete, no longer benefits the affected properties, or that circumstances have changed sufficiently to justify its removal. Where hundreds of property owners are parties to the covenant, the cost and complexity of notifying affected owners and litigating the matter can be significant. 

For this reason, many neighbourhood initiatives seek broad participation, as a larger covenant typically demonstrates stronger community support and may increase the complexity of any challenge.

A Restrictive Covenant (RC) is a private, legal contract. The City of Edmonton cannot remove or enforce an RC. It is the responsibility of Property Owners to enforce their established RC.

No. City zoning still applies. An RC would establish additional private restrictions on participating properties.

The typical process is:

1. Gauge neighbourhood interest.
2. Develop a proposed covenant.
3. Retain legal counsel.
4. Collect expressions of interest.
5. Hold formal signing sessions.
6. Register the covenant on title for participating properties.

Once lawyers have completed registration, the covenant becomes enforceable according to its terms and applicable law.

Several communities in Edmonton have Restrictive Covenants including: Old Glenora (Carruthers Caveat), Westbrook, Hardisty, Rio Terrace, Crestwood, Belgravia, Duggan, and Rideau Park. Some restrictive covenants were implemented when the communities were built and others have recently implemented them.