Homeowners across Edmonton file restrictive covenants to block multi-unit infill developments
A legal tool dormant since the mid-20th century is staging a comeback as residents lose faith in city zoning protections and take property control into their own hands.
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Edmonton homeowners are increasingly turning to a legal tool that fell out of favour a century ago: restrictive covenants. These binding property agreements — which dictate what cannot be done on a lot — signal what a University of Alberta law professor calls "a profound mistrust in council and in the planning process."
The trend accelerated after the city's zoning changes two years ago, which allowed subdivisions and multi-unit infill that many residents view as threatening neighbourhood character. Brad Clough, a Crestwood homeowner, watched a single lot in his neighbourhood become two lots with a combined 15 units. He and others responded by drafting and registering a restrictive covenant that prevents three or more units per lot on their properties.
Restrictive covenants predate modern zoning by a century. Back in the 19th and early 20th centuries, they protected landowner interests and public spaces like parks, and paradoxically, the original purpose was sustainability and affordability. Zoning eventually replaced them in the mid-20th century — it proved even more effective at protecting neighbourhood interests. Edmonton still has a few historical covenants, including the 115-year-old Carruthers Caveat covering properties in Glenora.
The re-emergence troubles and intrigues legal scholars. "Zoning and covenants do the same thing," said Eran Kaplinsky, a University of Alberta law professor. "Both are intended to protect neighbourhood character and property and homeowners' interests." The difference is permanence: covenants endure even if ownership changes. Once registered, they bind all future owners.
Rob Smyth, director of the civics committee for the Glenora Community League, helped sign a new covenant for part of his neighbourhood. His group, Edmonton Neighbourhoods United, has been educating residents on how to implement their own covenants. Smyth's own covenant parameters would allow him to place two homes with up to three units each — what he calls "a reasonable way to achieve infill" without unlimited density.
The facts
What zoning change in Edmonton sparked homeowners to use restrictive covenants?
Two years before July 24, 2026, Edmonton changed its zoning to allow subdivisions and multi-unit infill development, prompting residents concerned about neighbourhood character to register restrictive covenants on their properties.
What does the restrictive covenant in Crestwood prevent?
The covenant registered by Crestwood homeowners, including Brad Clough, prevents three or more units per lot on their properties.
How old is the Carruthers Caveat in Glenora?
The Carruthers Caveat covering properties in Glenora is 115 years old and remains one of Edmonton's historical restrictive covenants.
