Restrictive Covenants on Property in Canada: What They Restrict & How to Remove Them (2026)

Restrictive covenants can affect everything from the colour of your fence to whether you can build a second unit on your property.

What restrictive covenants are

A restrictive covenant is a condition registered on a property’s title that restricts how the property can be used. Unlike zoning bylaws (which are imposed by municipalities), covenants are typically private restrictions created by:

Common types of restrictive covenants

How covenants differ from zoning

If zoning allows a secondary suite but a covenant prohibits it, you cannot build it without first removing the covenant.

How to find covenants on a property

During a purchase

Self-search options by province

Enforceability of covenants

Not every covenant on title can still be enforced. In BC, the Property Law Act, s. 35(2) lets a court cancel or modify a covenant if, for example:

• changes in the character of the land or neighbourhood have made it obsolete
• it impedes the reasonable use of the land without practical benefit to others
• the people entitled to its benefit have agreed, expressly or by implication
• cancelling it won’t injure the person entitled to the benefit
• it’s invalid, unenforceable or has expired

The court can require compensation to someone who loses out. Other provinces’ courts apply their own statutes and case law, so ask a lawyer in your province.

Historical discriminatory covenants

Canada has a history of race-based restrictive covenants that barred selling property to people of particular races or ethnicities. They are void under provincial law, even where they still appear on old title documents:

• Ontario: a covenant made after March 24, 1950 that restricts the sale, ownership, occupation or use of land because of race, creed, colour, nationality, ancestry or place of origin “is void and of no effect” (Conveyancing and Law of Property Act, s. 22).
• British Columbia: a covenant restricting land on account of sex, race, creed, colour, nationality, ancestry or place of origin is void however it was created, and the registrar can cancel it, on application or on the registrar’s own initiative (Land Title Act, s. 222).

How to remove or modify a covenant

Option 1: Agreement with the covenantee

If you can identify and contact the party who benefits from the covenant:

1. Approach them with your request
2. Offer compensation if appropriate
3. Have your lawyer draft a release or modification document
4. Register the release on your title

Option 2: Court application

If the covenantee cannot be found or refuses to agree:

The grounds a court will accept depend on the province; BC’s are listed above.

Option 3: Title insurance

Title insurance does not remove a covenant. Depending on the policy, it may cover some losses from a covenant that wasn’t disclosed or discovered when you bought; check what your policy covers.

Impact on common homeowner plans

Due diligence checklist for covenants

• Ask your lawyer to specifically identify all registered covenants during title search
• Read each covenant carefully — understand exactly what it restricts
• Determine who the covenantee is (who can enforce)
• Assess whether the covenant affects your planned use of the property
• If it does affect your plans, investigate removal options before closing
• Consider whether title insurance covers your risk
• Factor covenant limitations into your purchase price negotiation

Related pages

• Easements in Canada
• Liens on your house
• Ontario condo status certificates
• Mortgage rules and regulations