Strawberry Fields Forever? Some Observations About Restrictive Covenants and Zoning

Abstract

Restrictive covenants and statutory land use controls are both capable of promoting private or public interests, but there is tension surrounding their use. This article explores the relationship between the two devices and discusses the courts’ evolving approach to resolving conflicts between restrictive covenants and restrictive land use controls that apply to the same property. Controversy arises with these devices when they are used to restrict land use for undesirable exclusionary practices, such as limiting access to property ownership based on socioeconomic status or race, or when covenants conflict with municipal planning schemes. The author examines specific restrictive covenants and statutory land use controls used in Albertan cities to discuss a potential change in attitude toward large-scale restrictive covenants that impede municipal policies.