In 2357596 Alberta Ltd v Antoniuk, 2026 ABKB 81 (“Antoniuk”), a property owner sought to remove a restrictive covenant from their property title. A restrictive covenant is a private agreement registered to more than one property. The agreement sets restrictions on how the properties with the agreement on title can be developed, limiting built form and/or the activities that can occur on the lot. When a restrictive covenant is created, the owner(s) of all properties affected must agree to registration against the relevant certificates of title. A restrictive covenant is an agreement that “runs” with the lands. In other words, if one of the properties is transferred from the original owner to a purchaser, the purchaser is obliged to follow the requirements in the restrictive covenant; the purchaser effectively becomes a party to the agreement and is entitled to enforce it.
