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
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