On September 17, 2015 the Supreme Court of British Columbia
demonstrated the deference that courts give to Section 219
covenants. Section 219 of the Land Title Act, RSBC 1996, c
250 permits the registration of a covenant in favour of a
municipality in respect of the use of land or buildings on land,
the subdivision of land, and the preservation of land.
In the decision of
Natura Developments Ltd. v Ladysmith (Town), 2015 BCSC
1673, the petitioner Natura Developments Ltd.
("Natura") owned property in the Town of Ladysmith
("Ladysmith") and proposed a residential development
project in Ladysmith. Ladysmith planning officials advised Natura
that the proposed development was inconsistent with a Section 219
covenant that was registered against the title to the property. In
general terms, the covenant had the effect of limiting the density
of development on the property to 15 multi-family townhouse units
in accordance with plans and specifications approved by
Ladysmith.
