Restrictive covenants are “building schemes” that
operate outside of – and in addition to – municipal
zoning bylaws. The obligations associated with restrictive
covenants “run with the land” and are binding on any
future buyer of the property.
Historically, restrictive covenants have been used when a single
person owned adjacent properties and wanted to control their use.
As a condition on the sale to a new purchaser, the owner required
the purchaser to promise the property would not be developed in a
way that would diminish the value of the adjacent property. If the
purchaser breached the covenant, the original owner was entitled to
a remedy, often in the form of an injunction requiring the
purchaser to bring the property back into compliance with the
covenant.
