Neighbours using restrictive covenants to try to limit infill development

Some Edmontonians are using a legal mechanism to prevent multi-unit developments in their neighbourhoods. CTV News Edmonton's Jeremy Thompson reports.

Buy a property to stop it from being developed into an eight-plex?

That’s one way to do it.

Shelley Schwartz and two of her Lansdowne neighbours did just that in the recent past.

“We said, ‘Oh my gosh, if that is built, our property values probably are not going to be maintained at what they are,’ and we just didn’t want to have to deal with all the issues that come along with the infill,” Schwartz told CTV News Edmonton on Thursday.

“(The builder) sold it to us at a premium … We said, ‘Well, I guess if we have to overpay on the lot, at least we are not losing as much value there.’”

Another way that’s gaining more traction sees homeowners band together to establish a restrictive covenant on their properties. Such an agreement can be signed by two or more property owners to restrict redevelopment on their land, from how a new building looks to how big it can be.

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Multiplexes up to eight units are allowed on most residential lots in Edmonton since new zoning rules kicked in last year.

It’s been a touchy subject at city hall in recent months -- as people start to see the new infill taking shape.

At a recent public hearing, city council adjusted some rules around infill, a far cry from the freeze several Edmontonians were calling for.

Now, Schwartz is rallying her neighbours in the established southwest Edmonton community that’s perched above Whitemud Drive and the Whitemud Creek ravine to fight back.

“This is not right,” Schwartz said. “People feel terrorized in all these communities.”

Now, she and others are signing up other Lansdowne homeowners to establish a restrictive covenant in their part of the city.

So far, she says, about a quarter of the neighbourhood has signed up for the agreement that allows a maximum of two units per lot.

“I would say the vast majority wanted actually (a maximum of) one, but we’re trying to have balance,” she said.

Tim Cartmell, the city councillor for southwest Ward pihêsiwin and a candidate for mayor in this fall’s election, has been pushing for a pause on mid-block multiplexes, but while he sympathizes with Edmontonians who are signing on to restrictive covenants, he said “it’s not a great outcome.”

“Cities do have to evolve and grow and develop,” he said.

Colleague Ashley Salvador agrees, saying she’s not sure how a patchwork of restrictive covenants will impact Edmonton as the city works to absorb a rapidly rising population by growing up rather than out.

“That would almost lock those areas into a certain regulatory framework and not allow for adaptation as our city evolves and grows,” said Salvador, who represents Ward Métis.

Real-estate lawyer Darren Richards says restrictive covenants are an inexpensive legal tool.

“It runs with the land, so each subsequent owner is bound by them,” he told CTV News Edmonton.

Richards says covenants haven’t been common in mature neighbourhoods because, until recently, city policies and bylaws were less permissive.

He’s not surprised to hear several neighbourhoods are now drafting them. The main hurdle, he says, is organizing the effort.

“You kind of have to have a quarterback, someone who’s active in their community to knock on doors and get people involved,” Richards said.

“It’s not easy, but it’s doable.”