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to apply to the Supreme Court of British Columbia for an order modifying or cancelling a restrictive covenant if it is obsolete, if its discharge would be beneficial, or if it unreasonably restricts the use of the land.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.
Why This Is the Correct Answer
Option D is correct because Section 35 of BC's Property Law Act allows a property owner to apply to the Supreme Court of British Columbia for an order modifying or cancelling a restrictive covenant. The court may grant the application if it finds the covenant is obsolete, its modification or cancellation would be beneficial, or it unreasonably restricts the use of the land. This is the proper legal avenue for addressing restrictive covenants.
Why the Other Options Are Wrong
Deep Analysis of This Real Property Law Question
Background Knowledge for Real Property Law
Memory Technique
Exam Tip for Real Property Law
Real World Application in Real Property Law
Common Mistakes to Avoid on Real Property Law Questions
Key Terms
More Real Property Law Questions
In Alberta's land titles system, a caveat claiming an unregistered interest is registered against a property. The registered owner wishes to sell, but the caveator refuses to withdraw the caveat. Which remedy is available to the owner?
A property owner grants a life estate to their spouse with remainder to their children. What happens if one of the children dies before the life tenant?
A developer is creating an Ontario condominium with both residential and commercial units and wants the commercial units to pay a larger share of the common expenses and to carry more votes. Under the Condominium Act, 1998, which part of this plan is permitted?
A property is registered under British Columbia's Land Title Act with a restrictive covenant limiting use to residential purposes only. A subsequent owner wants to operate a home business. What is the legal effect of this covenant?
In a condominium ownership structure, what does a unit owner actually own?
- → An Ontario condominium declaration allocates Unit 15A a 1.2% share of the common expenses. The corporation's annual budgeted common expenses are $600,000. What does Unit 15A contribute each year, and how many votes does the unit carry at owners' meetings?
- → A Toronto condominium owner tells the board she will stop paying her common expenses because she never uses the gym and has a water-damage claim against the corporation. Under the Condominium Act, 1998, what is her position?
- → A property is held by three individuals as joint tenants. One joint tenant secretly sells their interest to an outside party without informing the other joint tenants. What is the legal result of this transaction?
- → What is the primary difference between the Torrens system and the Registry system of land registration?
- → Sarah owns a life estate in a property with her son John as the remainderman. Sarah wants to sell the property to pay for medical expenses. What are her rights?
- → In Ontario's condominium system, what happens if a unit owner fails to pay monthly common expenses for an extended period?
- → What type of estate gives the holder the greatest bundle of rights in real property?
- → A buyer asks her salesperson what kind of corporation governs the vacant land condominium development she is considering. Under the Condominium Act, 1998, how is a vacant land condominium corporation classified?
- → In British Columbia's Land Title system, what is the effect of registering a mortgage against a property?
- → In a jurisdiction using the Torrens system, a property is sold to a bona fide purchaser for value, but it is later discovered that the vendor's title was obtained through forgery. What is the purchaser's position?
People Also Study
Contracts & Agreements
60 questions
Agency & Professional Ethics
60 questions
Mortgage & Real Estate Finance
60 questions
Land Use & Planning
50 questions
Related Study Resources
Helpful Resources
Previous Question
A purchaser acquires Alberta land from a seller who obtained title through fraud. The purchaser had no knowledge of the fraud, paid fair value and registered the transfer. Under the Land Titles Act, what is the purchaser's legal position?
Next Question
A strata corporation in BC wants to make a significant change to the common property by converting a recreation room into two additional parking stalls. Under the Strata Property Act, what resolution is required?