The strength of building covenants

Re: Property rezoning has residents questioning democracy (Chilliwack Progress, Dec. 11)

In 1995, the property owners in Chilliwack Mountain Estates were involved in a rezoning application by a developer. The property owners were subpoenaed to Supreme Court of B.C. by the developer wanting to have the building covenant removed from one of the properties to allow for the rezoning application to proceed.

The residents were strongly opposed to this rezoning application.

The Supreme Court judge decision, after investigating the building covenant on our properties in the Land Registry Office in New Westminster, decided the covenant stood and would not be removed to provide for rezoning.

This was a precedent setting step for real estate activity. It is strongly suggested the residents in this recent rezoning debate consider having the Land Registry Office review their property descriptions in regard to building covenants.

A building covenant can be removed by the Supreme Court of B.C. but NOT by municipal government or developers. The present mayor and council may not be aware of the strength of building covenants.

Kay Pitcairn,

Chilliwack Mountain Ratepayers Association

We encourage an open exchange of ideas on this story's topic, but we ask you to follow our guidelines for respecting community standards. Personal attacks, inappropriate language, and off-topic comments may be removed, and comment privileges revoked, per our Terms of Use. Please see our FAQ if you have questions or concerns about using Facebook to comment.

You might like ...

Y walk when you can raise money
Bicentennial celebration set for Peace Arch Park
Police to host food drive in South Surrey
Virk shuffled to new job after Kwantlen flap
Diesel stays stubbornly high amid crude oil drop
Carly Rae Jepsen surprises Christmas at the Clarke fans
Cloverdale Arena turns into winter wonderland
Magestic morning
Surrey Museum plans a very rockin’ day