A parcel of land in Canmore has a restrictive covenant limiting building heights to 8 meters. The current owner plans to construct a 10-meter viewing tower on their property. What is the most likely outcome if they proceed with this plan?

Question: A parcel of land in Canmore has a restrictive covenant limiting building heights to 8 meters. The current owner plans to construct a 10-meter viewing tower on their property. What is the most likely outcome if they proceed with this plan?

Answer options:

• The municipality will issue a stop work order based on the restrictive covenant's limitations. ✅ Neighbours benefiting from the covenant may obtain an injunction to prevent or stop the construction, and the owner could be forced to remove the non-compliant structure.
• The Land Titles Office will automatically update the restrictive covenant to reflect the new construction.
• The owner will only face penalties if the viewing tower significantly obstructs the view of all adjacent properties.

Correct answer: Neighbours benefiting from the covenant may obtain an injunction to prevent or stop the construction, and the owner could be forced to remove the non-compliant structure.

Explanation: Restrictive covenants are legally binding agreements registered against the land that restrict its use. If an owner violates a restrictive covenant, neighbours who benefit from it (and whose properties are burdened by the same covenant via a common building scheme) can seek legal recourse, such as an injunction, to enforce the covenant.