Restrictive covenants do not expire and remain registered over title to each lot. However, in BC, a restricted covenant can be released through a judicial modification or cancellation under sectiion 35 of the Property Law Act, but this can only be done by the courts on specified grounds. The threshold for obtaining modification or cancellation of a restrictive covenant under section 35 is quite high. The courts will not exercise the powers by section 35 lightly, recognizing that a restrictive covenant is a valuable property right. Building schemes are subject to the same statutory conditions as restrictive covenants and are also registered over title to each lot.
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