Restrictive Covenants: A Tool for Protecting Mature Neighbourhoods from Unwanted Multi-Family Infill
- 2 days ago
- 3 min read
Edmonton’s mature neighbourhoods are facing rapid change. Recent zoning reforms have made it easier for developers to build multi-family complexes—even on lots that once held a single home. While the city’s goal is to increase housing supply and affordability, many residents are concerned about the impact on community character, infrastructure, and quality of life.
What Is a Restrictive Covenant?
A restrictive covenant (RC) is a legal agreement registered on a property’s title. It limits what can be built or how the property can be used—not just by the current owner, but by all future owners as well. In essence, it “runs with the land,” binding anyone who acquires the property. Unlike municipal zoning, which can change with city policy, a restrictive covenant is privately enforced by the homeowners themselves.
Why Are Edmonton Neighbourhoods Like, Lansdowne, Crestwood, and Greenfield Turning to RCs?
Most of these mature neighborhoods are now zoned RS (Small Scale Residential), allowing up to eight units per lot, with no parking mandate. Some areas permit even greater density and height. This has led to a wave of redevelopment, with single-family homes replaced by multi-unit complexes. Residents worry that this pace of change will strain aging roads, schools, and utilities—and fundamentally alter the neighbourhood’s character.
In response, a group of homeowners in these neighbourhoods have discovered that a restrictive covenant could be the answer; it would limit each property to a single-family residence and one legal suite. Multi-residential developments—such as row houses, multiplexes, or apartment buildings—would be prohibited on lots covered by the covenant.
How Does a Restrictive Covenant Work?
Binding and Enforceable: Restrictive Covenants are not new. They’ve been around for ages - and in fact are creatures of the common law (non-statutory law). The Land Titles Act has not changed the law relating RCs but have created a registration process for notice purposes. Once registered, the RC is legally binding on all future owners. Homeowners who sign can enforce the covenant against others who have also signed.
Collective Strength: The effectiveness of an RC grows as more owners (and neighbours) participate. A single property with an RC may not deter development, but a critical mass can create a powerful barrier to unwanted infill.
Private Enforcement: The City does not enforce restrictive covenants. Enforcement is up to the homeowners, often requiring legal action if a breach occurs.
What Are the Steps to Register an RC?
For any particular community, the process involves:
One or more home owners taking up the reigns - choosing to coordinate and quarterback the process – essentially canvass neighbors for interest;
Confirming interest, getting contact information, and retaining a lawyer.
Signing the RC documents, either at a community meeting with the lawyer chosen by the community quarterback, or with your own lawyer.
Providing government-issued ID and a cheque to cover legal costs.
Returning the signed documents for registration against your property’s title.
Retained lawyer arranges for registration at the Land Titles Office of the RC against all titles to participating owners properties.
Are Restrictive Covenants Always Effective?
RCs are a robust tool, but not without limitations:
Court Oversight: Alberta courts can discharge or modify covenants if they conflict with zoning or the public interest in densification.
Collective Action Required: Removing an RC typically requires unanimous consent from all affected owners, or a court order.
Potential for Legal Challenge: Developers may challenge RCs, but they have to be in conflict with city zoning (in other words, owners can’t obey both the RC and Zoning). However, RCs usually just restrict which of the allowed developments can be implemented; they don’t conflict with what is allowed.
Why Consider an RC?
For many, restrictive covenants are a last resort—a way to preserve the unique character of mature neighbourhoods in the face of sweeping zoning changes. They offer homeowners a measure of control over the future of their community, protecting against developments that may not align with local values or infrastructure capacity.
If you’re interested in learning more about restrictive covenants, or wish to participate in the a community initiative, please reach out for legal advice to ensure you fully understand the implications.
For more information or to discuss your options, contact Richards + Company.
This is not meant to be, and should not be construed as, legal advice for your specific situation. You should contact one of our lawyers here at Richards + Company for further information and to discuss your particular facts and situation.
Darren L. Richards practices real estate and corporate/commercial law with Richards + Company in Edmonton, Alberta; he is rated as one of the ‘three best real estate lawyers’ in Edmonton.
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