Edmonton infill covenants: what they are and what’s next

A restrictive covenant is a private agreement registered on a property’s land title that limits what can be built there, and it binds future owners. Hundreds of Edmonton homeowners have signed them to limit multi-unit infill. On Oct. 22, 2026, the city received Alberta’s written order to roll back its infill zoning rules.

Updated Oct. 23, 2026, with the province’s written order to Edmonton.

What is a restrictive covenant?

It is a contract between property owners that is registered against their land titles. It can cap height, the number of homes on a lot, parking and other features, and it stays with the land when the house is sold. It only binds owners who sign on, so a neighbour who stays out is not covered.

Edmonton has used them for more than a century. Developer James Carruthers registered the Carruthers Caveat in 1911 to keep parts of Glenora a low-density enclave, with limits on density, business use, setbacks and minimum construction costs. It now affects more than 400 properties, Alberta Municipalities’ legal service said in July. Grocery chains have also used them to keep competitors off nearby sites, Global News has reported.

Why are Edmonton homeowners signing covenants?

The trigger was the city’s new zoning bylaw. As adopted, Zoning Bylaw 20001 let most residential lots hold up to eight units mid-block if the lot was at least 600 square metres, with buildings up to 10.5 metres, or about three storeys, according to a City of Edmonton information sheet. The goal was more housing choice and lower costs without more sprawl.

Multiplexes then began replacing bungalows in older neighbourhoods, and some residents complained about parking, property values, build quality and a lack of consultation. In Duggan and Rideau Park, south of Whitemud Drive, hundreds of homeowners signed a 20-year covenant this year that limits redevelopment of their lots to two storeys or eight metres, caps the number of units and requires on-site parking, Global News reported.

Others have bought lots outright. In McQueen, a developer who opposes mid-block multiplexes bought a lot near 146 Street and 110 Avenue that had been slated for an eightplex and plans to build a single-family home instead, Global News reported in September.

Can a restrictive covenant stop infill?

Not always. Removing a covenant usually needs the consent of every owner who signed it, but section 48(4) of Alberta’s Land Titles Act lets a court modify or discharge one if it conflicts with a land use bylaw or statutory plan and the change is in the public interest.

Earlier this year, in 2357596 Alberta Ltd. v. Antoniuk, 2026 ABKB 81, the Court of King’s Bench ordered the Carruthers Caveat removed from two Glenora properties that had been rezoned for denser development near a planned transit station. The court found nothing could be built that satisfied both the zoning and the covenant. The ruling has been appealed, and the court stressed each case turns on its own facts, lawyers at Brownlee LLP wrote.

What did Alberta order Edmonton to do?

Premier Danielle Smith announced on Oct. 8 that the province would order Edmonton to reverse its infill rules, saying the government had to step in after the reaction from residents. Our report on the order has the full announcement.

Mayor Andrew Knack received the written order from Municipal Affairs Minister Dan Williams on Oct. 22. It requires Edmonton to amend its zoning bylaw so that permitted uses, density and height on small-scale residential sites go back to the rules in place before the 2024 changes, and to restore the minimum parking that applied before a July 1, 2020, amendment, CTV News reported. The city has three months to pass the changes and 18 months to review its whole zoning bylaw.

Knack said the city will take the time it needs to review the order. He has called it the most significant “line crossing” in the history of Alberta local government and said the city is weighing a court challenge, as we reported. City staff estimated the reversal could cost $420 million to $610 million in construction activity next year, with more than 2,000 rowhouse units not built, council heard on Oct. 16. The province also told Calgary to keep its current rules.

What happens next for residents?

Council must hold a public hearing on the changes, and the earliest possible date is Jan. 8, 2027. Existing covenants stay on title regardless of what council does, and reports on the order do not say it addresses them. Residents can also weigh in on the city’s separate residential parking consultation until Nov. 15.

Frequently asked questions

What is a restrictive covenant in Alberta?

It is a private agreement registered on a land title that limits how a property can be used or developed. It binds future owners of the properties that signed it.

Can a restrictive covenant be removed in Alberta?

Yes. All parties can agree to discharge it, or a court can modify or discharge it under section 48(4) of the Land Titles Act when it conflicts with a land use bylaw and removal is in the public interest.

What is the Carruthers Caveat?

It is a restrictive covenant registered in 1911 by developer James Carruthers that limits density and other features on more than 400 properties in Edmonton’s Glenora neighbourhood.

What did Alberta order Edmonton to change?

The province ordered Edmonton to return small-scale residential sites to the uses, density and height rules in place before 2024 and to restore pre-2020 minimum parking, within three months.

Does the provincial order cancel Duggan’s covenant?

Not directly, based on what has been reported. Covenants are private agreements on land titles, and reports on the order do not say it addresses them.

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