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NOTICE -- COURT APPLICATION TO REMOVE RESTRICTIVE COVENANT

February 22, 2018 7:44 PM | Anonymous

RKHCA has received notice of a court application on March 7 to remove restrictive covenant 9685GC from the title to the property located at 2531 19A Street SW (the “Subject Property”), and has been asked to post a copy of the notice on the bulletin board next to the front entrance to the RKH Community Hall (which has been done). Click on these links to see PDF copies of the notice, the restrictive covenant and a map that we created showing the properties that may still be subject to, and have the benefit of, that restrictive covenant (the Subject Property is outlined in pen). Only the 8 homes that immediately surround the Subject Property have been provided with a copy of the notice.  All other affected property owners are supposed to find out about the court application by reading the copy of the notice posted at the Community Hall.  We do not consider posting a copy of the notice at the Community Hall to be an overly effective way of letting the other affected property owners know about the court application, so we thought we should also post this note on the RKHCA Development blog.

The restrictive covenant dates back to 1950 and was put in place by the City of Calgary.  The restrictions imposed by the restrictive covenant include:

  1. only one single or two family dwelling house (and a private garage) per lot;
  2. minimum footprint sizes for single and multi-level dwelling houses; and
  3. no lot or any building erected thereon may be used for any trade or business or otherwise than for private residential purposes.
The lawyer claims that the owner of the Subject Property simply wants to clean up the title to his property, but there may be more to it than that.  The Subject Property was created a few years ago when two contiguous 50ft wide parcels were combined and resubdivided into three 33.33ft wide parcels and a new 2-storey single detached dwelling was constructed on each new parcel.  The owner may be concerned that this redevelopment may have technically breached the first restriction, as his home is one of 3 single family dwelling houses that were constructed on what was originally 2 lots.  Alternatively, the owner may wish to carry on a trade or business from the Subject Property, which is prohibited by the third restriction.


Owners of other properties that are subject to the same restrictive covenant have the right to oppose the court application, if they feel that the restrictive covenant sets out a valid “building scheme” and that its restrictions are not inconsistent with the Subject Property’s R-C2 land use district.  If you own a property that is subject to the same restrictive covenant and do not wish to see the restrictive covenant discharged from the Subject Property, then we would recommend speaking to other owners of affected properties and possibly retain a lawyer to appear on your behalf at the March 7 court application.  Failing to oppose this court application may make it more difficult for the restrictive covenant to be enforced at some point in the future, such as to prevent a higher density development from being constructed on a parcel that is subject to the restrictive covenant.

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