Restrictive covenants: A barrier to housing developments in British Columbia

A complicating factor in the recent push to increase available housing in British Columbia are historical restrictive covenants that are registered on title to the properties that are the subject of proposed developments. These restrictive covenants are sometimes overlooked in the course of owners and developers purchasing properties for development, which can result in disputes before breaking ground on a development.

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About Emma Irving

Emma Irving is co-leader of the national Class action group and partner in our Litigation and Dispute Resolution group in Vancouver. She represents national and regional clients in a variety of different commercial and regulatory disputes. Emma’s practice encompasses most areas of commercial litigation with a focus on contract and transactional disputes, administrative law, personal injury defence, class actions and product liability.

About Andrew Mollard

Andrew Mollard is a senior associate in the Litigation and Dispute Resolution group in Dentons’ Vancouver office. He represents clients in complex commercial litigation, including class action defense, competition and antitrust, and litigation involving fraud, financial instruments, disputed mergers and acquisitions, and other contract and business disputes.

About Jasmine Der

Jasmine Der is an associate in Dentons’ Litigation and Dispute Resolution group. Based in the Vancouver office, she assists clients with a variety of commercial litigation matters with a focus on real estate transaction disputes, shareholder disputes, contractual disputes, commercial arbitration, debt collection, and defamation matters.