What is a building scheme and what is a restrictive covenant?
British Columbia, Canada
The following excerpt is from Cara Glen Estates Ltd. v. Mosychuk, 2001 BCSC 761 (CanLII):
In Gubbels v. Anderson, Madam Justice Dorgan distinguished a building scheme from a restrictive covenant as follows (at p. 385): A building scheme, however, involves a community of interests. Under a building scheme all landowners share similar burdens and enjoy benefits relating to these limitations on property use. Purchasers of property within areas covered by building schemes do so with knowledge of the restrictions and often because they seek the specific benefits provided by the building scheme. The terms imposed are known to each owner and are entered into by the successors in title.
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