Restrictive Covenant - the "Caveat"
There used to be a driving range in the NE corner of the Cochrane Riverview subdivision, now the location of the River Ave townhouses. Shortly after purchasing the golf course in March 2003, Cochrane Golf Club ("CGC") made an application to the Town of Cochrane to rezone the driving range to R4 (multi-unit high density housing). The Riverview Community Association was formed about the same time to organize and give voice to residents with opinions regarding the redevelopment of a community asset that was supposed to remain a golf course.
There were a number of very vocal public hearings in 2004 and 2005 between the Town, residents and the CGC, and, ultimately in August 2006, Riverview residents agreed to back off on their opposition of (in other words, allow) redevelopment of the driving range into a subdivision under an agreement with the CGC "to self-restrict any further development."
Newspaper Articles at the time
This agreement manifested as a Restrictive Covenant ("RC") - agreed to by all parties - and was subsequently registered in August 2007 as Caveat #071431104 on two land titles that are the golf course lands. The objective and wording of the RC was to clarify and restrict any future development of the golf course except as "associated with the operations of a golf course, and subject to any applicable land use or development by-law of the Town of Cochrane, including but not limited to a new clubhouse, maintenance facilities, driving range, snack house, and washrooms."
The RC identified in the Caveat (link below) is essentially a contract between the Cochrane Golf Club, the Town of Cochrane, and the residential lot owners in the community described in part "C" of Schedule "B" of the RC. These lots are referred to as the 'Benefited Lands." The RC also lists the 'Burdened Lands' in Schedule "A" as the golf course as Block A, Plan 9211697 and Block B, Plan 9112550. If you are one of 404 property owners in Riverview, your legal property description is listed in part "C" of Schedule "B" and this is important information to know.
Despite the agreement made for no further development of the golf course lands beyond golf course operations, the CGC tried again in 2019 and is once again at it, this time attempting to actually remove the RC from its land titles and has taken the matter before the Courts. In 2021 and 2022, a group of property owners in Riverview and the Town of Cochrane are defending the action in court. If you are a Riverview resident we need you to be involved and your support.
How Can You Get Involved? > click here
Click the links to see the documents....
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)
Newspaper articles describing events at the time the RC was agreed to
