Prospective buyer wants to turn Burnaby home into a multi-unit property, but there’s a hitch
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Currently, the sale and purchase of this five-bedroom, 2,928-sq.-ft. home in the Government Road area of Burnaby, is under contract, but is conditional on removing the “statutory building scheme” from the land title.
The buyer and seller are asking for an order to cancel the clause, which was placed on the land title, as well as 18 other homes in the same area, in the mid-1970s when a company called De Courcy Developments Ltd. subdivided and developed the land, according to the petition.
The buyer of the home, a numbered company, intends to redevelop the property at 3150 Chrisdale and build multiple housing units on the land. The petition cites new provincial legislation that has mandated municipalities to change zoning bylaws by the end of June 2024 so that areas zoned for single-family or duplex development can now allow for three units on lots less than 280 square metres and four units on lots greater than 280 square metres.
The clause on the land title, however, specifies that no dwelling can be “erected or constructed upon the said lands having a first floor area exclusive of any garage or other appurtenant building of less than 1,400 square feet,” unless the grantor, De Courcy, gives permission.
It also stipulates that “no dwelling shall be erected or constructed upon the said lands unless the specifications, the general architecture design and the site of the dwellings on said lands has been first approved in writing by an officer of the grantor, provided that such approval shall not be unreasonably withheld.”
Tom Davidoff, an associate professor of real estate at the UBC Sauder School of Business, thinks it is a fascinating case.
“I don’t know the law. I see the (comment) about ‘obsolete’ and I agree it is now obsolete, but neighbours might not think it’s obsolete.”
“One could argue all property values would rise if the zoning were deleted. That’s not totally obvious, and someone could claim they lose even if their property value goes up because they have a special interest in the status quo.”
B.C. Ministry of Housing was asked to clarify if there is any provision in the resulting legislation that handles clauses and restrictions such as this statutory building scheme on land titles.
