A restrictive covenant registered against a BC property prohibits commercial use. The current owner wants to open a home-based business. Under the Property Law Act, what is the owner's best legal avenue to remove or modify this covenant?
Correct Answer
D) Apply to the Supreme Court under Property Law Act section 35 to modify or cancel it
Section 35 of BC's Property Law Act allows an owner to apply to the Supreme Court of British Columbia for an order modifying or cancelling a restrictive covenant if it is obsolete, if its discharge would be beneficial, or if it unreasonably restricts the use of the land. A municipal business licence does not override a registered covenant.
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