River Ave Townhomes & the RC

This article describes the link between the River Ave Townhomes that now occupy the lands that were once a golf course driving range and how they are indeed Benefited Lands in the Restrictive Covenant ("RC").

At present, the RC does not explicitly reference the townhomes condo plan and unit numbers on the property owner's Schedule B to the RC on the golf course lands. This is because when the Cochrane Golf Club ("CGC") went to sever out the parcel of land for what eventually became the townhouse development, the subdivision did not yet exist! It was a proposal NOT a registered survey plan, hence a plan number could not be referenced in the RC document. At the Land Titles Office ("LTO") they call this stage an Unregistered Survey Plan and as such a registration number will not be assigned (pending status) until the subdivision has been approved by all stakeholders, in this case that included Cochrane Town Council.

During the pending status, CGC was battling with residents and the town to have his severance approved. Eventually, CGC and the Town and the Residents reach an agreement whereby a Restrictive Covenant will be registered on the remaining  Blocks A and B (the "burdened lands") in exchange for subdivision approval, which "wrong-doing" is part of CGC's current lawsuit. When the RC is drafted and registered, the current owner of the Townhouse block at that moment in time is .... the Cochrane Golf Club and the survey plan number is .... pending.  As such the lawyer drafting the RC puts references to those items as they are known at that time. Hence the current owner of the new subdivision (CGC) is also referenced as a Benefitted Land in the RC agreement and on schedule B . When that subdivision is further processed, sold and developed into condo units the restrictive covenant 'runs with the land' (as is the law) and hence the benefits of the RC passed to each condo unit.

Benefitted Lands Cross Reference (find your lot)

Golf Course Land Titles (as of August 29, 2019)
Registered Caveat and Restrictive Covenant (dated 27th of August 2007)