Whether purchasing property in Kelowna or elsewhere, reviewing title to the property you wish to buy is always important.

It is common to see Statutory Rights of Way in favor of major utility providers or the municipality or City where the property is located, however you should always look to see if there are restrictive covenants and building schemes registered against title.  Restrictive covenants bind the owner of the land (including subsequent owners) and may include a laundry list of all the things that you may not do with or on your property. Some of the restrictions may be fairly obvious such as those that restrict structures that are not compliant with the city bylaws but others are more specific such as an obligation to maintain a watering hose of a certain length to conform with a fire mitigation plan.

Building schemes are another encumbrance to keep an eye out for.  Many restrictions contained in building schemes will be applicable during construction on the properties such as minimum square footage, setbacks, roof and cladding materials, and on which grade of slope structures can be built. However, just as many contain a long list of stipulations that may be more relevant to subsequent owners of the property such as requiring all recreational vehicles, large boats or trailers to be screened from view, fence heights and restrictions to a particular set of exterior colors.

Many newer developments will not allow a carport; and some schemes will go so far as to say the garage doors must remain closed other than for reasonable use. The most restrictive I’ve seen is one that declares the garage must be kept is such a manner that two vehicles can always fit (Ha! They obviously met my dad!).

Building schemes can restrict the kind and number of pets that you may have, often two cats or two dogs or one cat and one dog. Some building schemes will prevent you from having any furbearing animals all together. The more common building schemes make statements restricting livestock, which again, may be just repeating the obvious as most areas within the city do not allow for livestock.

Many have restrictions on who may live at the property, i.e. not more than one family, or restrict the type of rentals permitted.

Others also may restrict any kind of commerce, so no bed-and-breakfasts or home based esthetics salons.

One last thing to note is that some of these schemes expire, which you may like or not.

Your realtor will often pull title however it is usually your lawyer who will pull the other non-financial charges and provide you an opinion of what they mean or what they mean to you. Touchstone Law Group offers all of its real estate clients the option of having all relevant non-financial charges pulled and an opinion provided prior to subjects being removed.

Author: Crystal Hansen

This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your real estate needs, please contact our office at (250)448-2637 or any of our lawyers practicing in the area of estate planning at the following:

Una Gabie: una@touchstonelawgroup.com

Jennette Vopicka: jennette@touchstonelawgroup.com

Danielle (Dani) Brito: danielle@touchstonelawgroup.com