When buying or owning property in British Columbia, the title to your land may come with restrictions and obligations that aren't immediately visible. Easements, covenants, and rights of way are registered interests that can significantly affect what you can do with your property.
What Is an Easement?
An easement is a legal right that allows someone other than the property owner to use a portion of the land for a specific purpose. Common examples include utility easements, access easements, and drainage easements. Easements typically run with the land — meaning they bind future owners.
What Is a Restrictive Covenant?
A restrictive covenant is a registered agreement that limits how a property can be used or developed, registered under Section 219 of the Land Title Act. Common restrictions include limits on building height and restrictions on subdivision.
What to Do Before Buying
Before completing a real estate purchase in BC, your lawyer should conduct a thorough title search to identify any registered interests. At Nanuq Law, we review all strata documents, title searches, and registered charges as part of our conveyancing service.