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Discharging a Section 219 Covenant Without the Grantee’s Permission: An Application of Section 35 of the Property Law Act

Section 219 of the Land Title Act permits special covenants to be registered in the Land Title Office on title to land. These covenants (known as “Section 219 Covenants”) can only be granted in favour of specific organizations and entities. Section 219 Covenants must be in respect of the use of land or a building on or to be erected on land and, unlike common law covenants can impose positive obligations as well as restrictions on the landowner.

As published in the NRCA’s Northern Construction Connection March 2025 Newsletter and VICA’s e-New.

 

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