In Alberta, a property owner grants a restrictive covenant that limits the use of the land to residential purposes. Which of the following is required for the covenant to 'run with the land' and bind future owners?

Q: What is the correct answer to: In Alberta, a property owner grants a restrictive covenant that limits the use of the land to residential purposes. Which of the following is required for the covenant to 'run with the land' and bind future owners?

The correct answer is The covenant must be registered against the title at the Land Titles Office and must touch and concern the land. For a restrictive covenant to run with the land in Alberta, it must be registered against the certificate of title at the Land Titles Office. Additionally, the covenant must 'touch and concern' the land — it must relate directly to the use, enjoyment, or value of the land rather than being merely personal between the original parties.

Q: What background knowledge is needed for this Real Property Law question?

Restrictive covenants are private land use restrictions between property owners. In Alberta, they are commonly used in subdivisions to maintain neighbourhood standards. The 'touch and concern' requirement ensures covenants relate to land use rather than personal obligations, making them appropriate to bind future owners.

Q: What is a good way to remember the answer to this Real Property Law question?

Imagine physically TOUCHING the land with one hand and REGISTERING at the Land Titles Office with the other. Both hands must act together for the covenant to stick to future owners. When asked about covenants running with the land, remember the two-hand test: one hand touches the land (relates to land use), the other registers (at Land Titles Office).

Q: What exam tip applies to this Real Property Law question?

Two-part test for covenants running with the land: (1) registered at Land Titles Office AND (2) touches and concerns the land. Both conditions must be met.

Q: How does this Real Property Law concept apply in real world practice?

A developer registers a covenant limiting lots in a new Sherwood Park subdivision to single-family residential use. When a subsequent purchaser tries to build a commercial store, neighbours can enforce the covenant because it was registered and directly concerns land use.

Question

Real Property LawABHARD

In Alberta, a property owner grants a restrictive covenant that limits the use of the land to residential purposes. Which of the following is required for the covenant to 'run with the land' and bind future owners?

Answer Options

A

The covenant must only be agreed upon verbally between neighbours

B

The covenant must be registered against the title at the Land Titles Office and must touch and concern the land

C

The covenant must be approved by the municipal council

D

The covenant automatically binds future owners regardless of registration