Restrictive Covenants

All homes in the Craigleith Homes Association are subject to certain restrictive covenants which you will find listed in the disclosure statement received with the title to your property. The original purpose of these covenants was to create a particular mood, setting and style of neighbourhood. Below please find the covenants:

  1. The covenants and agreements herein contained shall be binding upon the grantee his or her or their heirs, assigns and successors (herein after referred to collectively as the “grantee” and upon the lands described in this deed from the time of conveyance to the grantee. These covenants and agreements and any one or more of them, may be enforced by the grantor, its successors or assigns, or by the Corporation of the City of Waterloo or its successors.
  • The grantee acknowledges receipt of the land use development plan 1435.
  • The grantee acknowledges and is satisfied with the incorporation of Craigleith Homes Association Inc. and its agreement with the grantor with respect to the construction of the conveyance of certain recreational facilities on Block “C” plan 1435.
  • The grantee covenants and agrees to pay the annual, additional and any special dues or levies levied Craigleith Homes Association Inc. against the grantee for the purpose of carrying out its objects and acknowledges that membership in Craigleith Homes Association Inc. is mandatory.
  • The grantee, as a member of Craigleith Homes Association Inc. covenants and agrees to cause Craigleith Homes Association Inc. to carry out and perform all of the terms, conditions and provisions of the subdivision agreement with the Corporation of the City of Waterloo, dated August 12, 1977 with respect to the maintenance of the parklands owned by the City of Waterloo, and known as Blocks “D” and “E” and “F” plan 1435.
  •  The grantee covenants and agrees as a member of Craigleith Homes Association Inc. to cause the association to maintain, repair and operate at its expense Block “C” plan 1435, including the recreational facilities constructed thereon from time to time.
  • The grantee, as a member of Craigleith Homes Association Inc. covenants and agrees to cause Craigleith Homes Association Inc. to carry out and perform all of the terms, conditions and provisions of the subdivision agreement with the Corporation of the City of Waterloo, dated August 12, 1977 with respect to the maintenance of the parklands owned by the City of Waterloo, and known as Blocks “D” and “E” and “F” plan 1435.
  • The grantee covenants and agrees to be a member in good standing of Craigleith Homes Association Inc. and at all times and to pay the said dues and levies as and when they fall due and THE GRANTEE DOES HEREBY CHARGE THE LANDS DESCRIBED HEREIN WITH ANY ARREARS OF PAYMENT OF SUCH DUES AND LEVIES CHARGED BY CRAIGLEITH Homes Association Inc. TO THE GRANTEE AND AGREES THAT ANY ARREARS OF SUCH DUES AND LEVIES SHALL UNTIL PAID IN FULL, CONSTITUTE A LIEN AND ENCUMBRANCE UPON THE LANDS DESCRIBED HEREIN. A certificate given by the Treasurer of Craigleith Homes Association Inc. to the affect that such dues and levies are to be sufficient evidence of payment of the same to the date stated in such certificate, provided that, no such certificate shall constitute a waiver or release of the above lien and encumbrance in respect of any dues and levies that become due and are payable subsequent to such date.
  • The grantee acknowledges, covenants and agrees any entry by the grantee on the park lands described as Blocks “D” and “E” and “F” plan 1435 so as to maintain the said parklands or use the same or to enjoy the recreational facilities on Block “C”, Plan 1435, shall be deemed to be with the licence of the Corporation of The City of Waterloo to the intent that that grantee shall not acquire title to Blocks “D” and “E” and “F” plan 1435, by possession or prescription and to the intent that the Craigleith Homes Association Inc., its members, servants or agents shall not acquire and easement over said Blocks “D” and “E” and “F” plan 1435.

The grantee covenants and agrees that the following restrictions shall also be binding upon the lands described herein and shall run with the lands described herein:

    • No above ground swimming pool shall be erected on the lands;
    • No aerials (including television, shortwave, citizens band or other aerials) shall be erected on the lands or attached to any dwelling or building;
    •  No exterior drying line, apparatus or device shall be erected on the lands or attached to any dwelling or building;
    • No sign, advertisement or notice (other than a sign with dimensions not exceeding 2 feet by 3 feet and offering a dwelling for sale or rent) shall be inscribed, painted, fixed or placed on any part of the lands or premises;
    • All buildings, (including the principal dwelling and accessory buildings) shall be used only for the purpose of residential accommodation and related accessory uses by the occupants thereof;
    • No accessory buildings shall be erected without the approval of the grantor, or its nominee, such approval shall be granted after inspection of building design plans;
    • No animals shall be kept on the lands and premises excepting household pets which shall not exceed two per household;
    • No boats, trucks, trailers, camping trailers, snowmobiles, mobile homes, or similar of commercial or recreational vehicles shall be parked upon the lands (unless parked in the garage forming part of the residential dwelling); providing that such vehicles may, in the discretion of the vendor, or its nominee be temporarily parked upon that portion of the lands located between the fronting street limit and the dwelling;
    • All fences erected upon the lands shall have a uniform height of five feet above grade and shall be constructed solely of black vinyl fencing supported with black posts and bars;

    The grantee covenants and agrees that;

      1. The lands herein described from part of a subdivision for which a plan of grading for surface draining of all lands within the plan of subdivision has been prepared and approved by Chief Engineer of The City of Waterloo;
      • It is the grantors responsibility to initially to comply with the plan of grading and the grantor certifies that the lands herein described comply with the plan if grading at the time of the conveyance to the grantee;
      • The responsibilities of the grantee with respect to compliance with the plan of grading and the drainage requirements herein set out commence only upon the grantee’s purchase of the lands and the grantee does not have any responsibility for non-compliance therewith existing prior to the time of the grantees purchase of the lands from the grantor;
      • The grantee covenants that no drains or channels heretofore established for the drainage of the subdivision of which that lands herein described form a part shall hereafter be clogged, filled, altered, obstructed, removed or in any way obstructed without the consent in writing of the grantor or of the Chief Engineer of The Corporation            of the City of Waterloo;
      • The grantee covenants that no lands herein described shall hereafter be filled, cut, altered, changed or encumbered in such a way that its grades, levels or drainage of any other lands or lots in the plan of subdivision is interfered with or altered from the drainage pattern and plan of grading established for the plan pf subdivision without the consent in writing of the grantor or of the Chief Engineer of The Corporation of the City of Waterloo, and then only on accordance with a revised grading plan approved by the Chief Engineer of The Corporation of the City of Waterloo;
      • In the event that any changes are made in the grades, levels or drainage pattern or plan of grading by the grantee with respect to any of the lands herein described, or in the event of any breach or infraction of any of the grantee’s covenants herein contained, the said grantee shall immediately correct such change and make good such breach at the grantee’s expense so that any lands herein described do conform with the plan of grading, and either the Corporation of the City of Waterloo or the grantor may give to the grantee Twenty (20) days’ notice to make such corrections or make good such breach and if not corrected or made good within that period of time, either the grantor or the said City of Waterloo shall have the right to enter upon the lands for the purpose of correcting grades, levels and drainage pattern and making good such breach at the expense of the grantee, which expense shall be made payable on demand;
      • The grantee acknowledges that all drainage requirements for the lands herein described are initially the responsibility of the of the grantor, and after compliance therewith become the responsibility of the grantee, and neither the grantee nor any of his successors in title from time to time shall bring or make any claim with respect thereto against the said City of Waterloo;

      A certificate given by the grantor under seal or a certificate given by the Chief Engineer of The Corporation of the City of Waterloo in writing to the effect that the restrictions and covenants herein contained or any one or more of them are satisfied shall be a sufficient answer to any requisition made respecting the said restrictions or covenants or any one or more of them. Provided that if a certificate is requested from the grantor, the grantee shall first obtain in writing the approval of the Chief Engineer of The Corporation of the City of Waterloo that the relevant restriction or covenant has been complied with to the satisfaction pf the Chief Engineer of the Corporation of the City of Waterloo.

        1. The grantor certifies that the covenants contained in this schedule and the terms of the subdivider’s agreement have been fully complied with as of the time of the conveyance by the grantor to the grantee and agrees that the grantee’s responsibility for compliance with the covenants herein contained exits only from the date of the conveyance from the grantor to the grantee.

        Our residents adhere to these restrictions, and, as a result, or neigbourhood is a pleasant place to live. Indeed, this atmosphere may be what first attracted you to this area. Please adhere to these covenants in consideration of your neighbours and our neighbourhood.