About Restrictive Covenants in Elbow Park
A restrictive covenant is an agreement between landowners in which one party ‘restricts’ the use of its land for the benefit of the other participating landowners. A restrictive covenant can only be enforced through the courts.
When Elbow Park was developed, developers put restrictive covenants (RC) on some Elbow Park titles to ensure a consistent building scheme and to protect the character of Elbow Park. In addition to existing restrictive covenants on many Elbow Park properties, a growing number of residents are adding a contemporary restrictive covenant in response to the City’s poorly planned blanket upzoning. Many neighbourhoods in addition to Elbow Park, have similar restrictive covenants, including Mount Royal, Britannia, Bel-Aire, Mayfair, University Heights, Briar Hill, Parkdale, Rutland Park and Richmond Knob Hill, to name a few.
FAQs
What is a restrictive covenant?
A restrictive covenant is an agreement between landowners in which one party "restricts" the use of its land for the benefit of the other participating landowners. A restrictive covenant can only be enforced through the courts.
Why a restrictive covenant...the issue we are facing.
After almost four weeks of the Public Hearing on Rezoning and having heard from nearly a thousand Calgarians, on May 14, 2024, Council voted to pass blanket upzoning.
The only solution we can see is for Elbow Park residents is to act collectively. For those properties that do not have restrictive covenants it is vital to register one so that we can maintain the look and feel of our community.
If you would like to learn more and/or register a restrictive covenant on your property, please email info@elbowpark.com
Restrictive Covenant Legal Actions
In April 2024, Elbow Park residents won a significant restrictive covenant enforcement case at the Alberta Court of Appeal. This ruling sets an important precedent for both new and existing restrictive covenants.
The court upheld Caveat #7648FT, which restricts each lot to a single house. The ruling means that legally only 1 house can be built on all lots with Caveat #7648FT (approx. 45 homes) despite the City's new Blanket Upzoning which allows for subdivision, rowhouse, townhouse, duplex and/or secondary suites.
What does this mean for Elbow Park?
This decision provides a strong precedent for other residents to enforce restrictive covenants, effectively shielding against the City's new zoning laws.
Key points for Elbow Park residents:
Restrictive covenants (RCs) must be followed regardless of City approvals or bylaws.
Residents are prepared to take legal action to enforce RCs.
Realtors and developers must disclose and adhere to RCs in realty listings and during construction or renovations.