Keeping it Green Through Covenants and ... - McCarthy Tétrault
Keeping it Green Through Covenants and ... - McCarthy Tétrault
Keeping it Green Through Covenants and ... - McCarthy Tétrault
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(11) On the death or dissolution of an owner of a covenant registrable under subsection (3) (c), the<br />
covenant ceases to be enforceable by any person, including the Crown, other than<br />
(a)<br />
(b)<br />
another covenantee named in the instrument creating the covenant, or<br />
an assignee of a covenantee if the assignment has been approved in wr<strong>it</strong>ing by the<br />
minister.<br />
(12) If a covenantee or assignee referred to in subsection (11) is a corporation that has been<br />
dissolved <strong>and</strong> subsequently restored into existence under an enactment of Br<strong>it</strong>ish Columbia, the<br />
covenant continues to be enforceable by the restored corporation from the date of <strong>it</strong>s restoration.<br />
(13) A rec<strong>it</strong>al in a covenant that a person "has been designated by the minister under<br />
section 219 (3) (c) of the L<strong>and</strong> T<strong>it</strong>le Act", or a statement to that effect in the application to register<br />
the covenant, is sufficient proof to a registrar of that fact.<br />
(14) The minister may delegate to the Surveyor General the minister’s powers under<br />
subsections (3) (c) <strong>and</strong> (11) (b).<br />
Page A-3<br />
<strong>Keeping</strong> <strong>it</strong> <strong>Green</strong> through <strong>Covenants</strong> <strong>and</strong> Easements