Table of Contents

• What is a covenant plan?
• How a covenant gets registered on title
• Common reasons a covenant plan is required
• What a covenant plan actually includes
• The role of a land surveyor in preparing a covenant plan
• How long does a covenant stay on title?
• What to do if your property already has a covenant
• FAQs

You're moving forward on a development project in Metro Vancouver, or maybe you're buying a property and the title search comes back with something unexpected: a covenant. Suddenly there are questions. What does it restrict? Who put it there? Does it affect what you can build?

Covenant plans are one of those topics that sound more complicated than they need to be. Here's what you actually need to know — what a covenant plan is in BC, when one is required, what the process looks like, and what it means for your property.

What is a covenant plan?

A covenant is a legal agreement registered on the title of a property that either requires or restricts something related to how that land is used. In BC, covenants are registered under the Land Title Act and run with the land — meaning they stay attached to the property even when ownership changes.

There are two basic types:

• Restrictive covenants — these limit what you can do on the land. A covenant might prohibit building within a certain distance of a stream, for example, or restrict the height of structures on a hillside parcel.
• Positive covenants — these require the landowner to do something, such as maintain a shared access road or preserve a heritage feature on the property.

A covenant plan is the surveyed legal plan that spatially defines the area of land affected by the covenant. It's what makes the covenant enforceable in a precise, legally registered way — without it, the agreement would be vague and difficult to act on.

How a covenant gets registered on title

A covenant doesn't appear on title by accident. Registering one involves a formal process that typically brings together three parties: the landowner, the benefiting party (usually a municipality or government body), and a land surveyor.

Here's how it generally unfolds:

1. The need for a covenant is identified — usually during a development application, subdivision approval, or environmental review.
2. A land surveyor prepares the covenant plan, defining the exact area on the property that the covenant applies to.
3. A lawyer drafts the covenant agreement, which references the plan.
4. Both documents are submitted to the Land Title Office for registration.

Once registered, the covenant appears on the certificate of title and is binding on all future owners.

Common reasons a covenant plan is required

Municipalities and provincial agencies across BC use covenants for a wide range of purposes. If you're working through a development application or subdivision process, there's a reasonable chance a covenant will be part of the conditions you need to meet.

Some of the most common situations include:

• Environmental protection — covenants are frequently used to protect riparian areas (land near streams and rivers), wetlands, or sensitive ecosystems from development.
• Flood and hazard areas — if part of your property sits in a floodplain or on an unstable slope, a covenant may restrict construction in that zone.
• Building setbacks — a municipality might require a covenant to enforce a larger setback from a property line than standard zoning allows.
• Heritage preservation — covenants can protect heritage buildings or features from being altered or demolished.
• Affordable housing and density — in some cases, local governments use covenants to lock in conditions tied to density bonuses or affordable housing commitments.
• Access and servicing — covenants can formalize shared driveway access or utility areas where a separate easement plan isn't used.

Whether you're subdividing a large parcel in Surrey or developing a multi-family project in North Vancouver, a covenant plan may well be part of what gets you to final approval.

What a covenant plan actually includes

A covenant plan is a surveyed drawing prepared by a British Columbia Land Surveyor (BCLS) — a licensed professional authorized to prepare legal plans in the province.

The plan typically shows:

• The full parcel boundary of the property
• The specific area subject to the covenant, hatched or shaded to distinguish it from the rest of the property
• Dimensions and bearings that precisely define the covenant area
• A reference to the legal description of the land
• The surveyor's certification

This is what gives the covenant its geographic precision. The land surveyor translates a legal requirement into a spatially accurate document that can be registered and relied upon — by the municipality, by future owners, and by anyone else with an interest in the property.

The role of a land surveyor in preparing a covenant plan

Preparing a covenant plan isn't just a drafting exercise. The surveyor needs to accurately establish the property boundaries, locate any relevant features — a stream, a slope, a building envelope — and define the covenant area in a way that is both legally correct and practically meaningful.

In some cases, this requires fieldwork. The surveyor visits the property to locate existing survey monuments, take measurements, and confirm boundary positions. In other cases, existing survey data may be sufficient, depending on the complexity of the parcel and the covenant area.

Throughout the process, the surveyor works closely with the landowner, the municipality, and often the lawyer handling the covenant agreement to make sure the plan reflects what all parties intend. Getting it right the first time matters — errors or misalignments can delay registration and hold up your project.

If you're curious about what land surveying work generally involves and how costs are structured, our post on how much a land survey costs is a useful starting point.

How long does a covenant stay on title?

This is one of the most common questions property owners ask. The short answer: unless the covenant specifies an end date, it stays on title indefinitely.

Covenants in BC typically run with the land in perpetuity. They don't expire when the property sells, and they don't automatically lift when the original reason for the covenant no longer applies.

Removing or modifying a covenant is possible, but it's not a simple process. It generally requires:

• Agreement from the party that holds the benefit of the covenant — often a municipality or the provincial government
• A formal discharge or modification registered at the Land Title Office
• In some cases, a court order if the benefiting party won't consent

This is why understanding any existing covenants before you buy a property matters, and why getting the terms right before registration is so important.

What to do if your property already has a covenant

If a title search reveals a covenant on your property, start by reading it carefully — or have a lawyer read it for you. The covenant document will describe what is restricted or required, and the covenant plan will show you exactly which part of your property is affected.

From there, the practical questions are: Does the covenant affect what you want to do? Does it limit your building envelope? Does it restrict subdivision potential?

In some cases, a covenant affects only a small corner of the property and has no real impact on your plans. In others, it can significantly constrain what's buildable. Knowing the difference early saves time and money.

A land surveyor can help you understand how the covenant area relates to your property and what usable space remains outside of it. That kind of due diligence is worth doing before you commit to a project scope. You can also learn more about the importance of legal surveying and why it matters at every stage of property ownership.

FAQs

What is a covenant plan in BC?A covenant plan is a surveyed legal plan that defines the specific area of a property subject to a covenant — a registered agreement that restricts or requires something related to how the land is used. It is prepared by a licensed BC Land Surveyor and registered at the Land Title Office.

Who typically requires a covenant plan?Municipalities, regional districts, and provincial agencies most commonly require covenant plans as a condition of development approvals, subdivision applications, or environmental compliance. In some cases, private parties also use covenants to formalize land use agreements between themselves.

Does a covenant affect the whole property or just part of it?It depends on the covenant. Some apply to the entire parcel, while others apply only to a defined portion — such as a riparian buffer zone near a creek or a building exclusion area on a steep slope. The covenant plan shows exactly which area is affected.

Can a covenant be removed from title?Yes, but it requires the consent of the party that holds the benefit of the covenant, a formal discharge registered at the Land Title Office, and sometimes a court order. The process can be time-consuming, and there's no guarantee the benefiting party will agree.

How is a covenant plan different from an easement plan?Both are registered legal plans that affect how land can be used, but they serve different purposes. An easement plan grants a right to use part of someone else's property — for access or utilities, for example. A covenant plan records an agreement that restricts or requires something from the landowner, typically in favour of a municipality or government body.

How long does it take to prepare and register a covenant plan?Timelines vary depending on the complexity of the property, the municipality's review process, and how quickly the covenant agreement is finalized. Straightforward cases can take a few weeks. More complex projects can stretch to several months. Engaging a surveyor early in your project is the best way to avoid unnecessary delays.

Do I need a lawyer as well as a land surveyor for a covenant plan?Yes — both professionals play distinct roles. The land surveyor prepares the covenant plan, which is the spatial, surveyed document. The lawyer drafts the covenant agreement itself, which references that plan. Both documents are submitted together for registration, so you need both working in coordination.

Covenant plans are a normal part of land development and property ownership in BC, but they carry real legal weight. Whether you're encountering one for the first time on a title search or working through a development application that requires one, understanding what you're dealing with makes the whole process far less stressful.

If you have questions about covenant plans or need a land surveyor to prepare one for your project in Metro Vancouver, Nima Geomatics is here to help. Reach out for a free quote and get the local expertise your project needs.