Anderson Caveat.

George Anderson Caveat.

(Restrictive Covenant).

Most properties in Scarboro have a restrictive covenant on the title for their property known as the Anderson Caveat (AC).

Scarboro Community Association’s Planning Committee and residents monitor development in the community to ensure that developments comply with the AC. This restrictive covenant is legally binding contract between Scarboro neighbours which is separate from the normal city planning and development process. Getting development approval from the city does not necessarily mean that new developments meet the requirements of the Anderson Caveat. It is best to check any planned new developments with the SCA Planning Committee first by contacting us at planning@scarborocommunity.com.

Donwloads.

A copy of the original Anderson Caveat as well as a modern language version of the Anderson Caveat along with other relevant documents can be found following the links below:

Original 1911 Caveat signed by George Anderson.
(real estate agent, working with CPR)

1910 contract of sale
(later signed by CPR & George Anderson)

Modern language summary
(of the Anderson Caveat)

enforceMENT
and secondary suites.

Enforcement of the George Anderson Caveat

Each property owner with the caveat on title has both a benefit and a responsibility. It is up to each property owner to respect and enforce compliance with the caveat. In so doing, we are ensuring the continuance of our streetscapes, character and Scarboro’s spirit of ‘community’. Building restrictions are agreed upon when buying into Scarboro and neighbours actively keep the caveat in place.

We urge you to consult the caveat and/or restrictive covenants registered on your title BEFORE submitting plans to the City. Failure to voluntarily comply with the caveat and/or covenants may result in poor neighbour relations, delay development, increase costs, and create conflict leading to court action. Future resale of the property may be jeopardized if the building is not compliant with the caveat and/or covenants.

If the Planning Committee believes the development violates Scarboro’s restrictive covenant the committee will contact the property owner to inform them of the violation and how the application should be modified to be in compliance.

It is important that residents monitor violations because a caveat can become unenforceable through continued violations and lack of enforcement. The Scarboro Community Association has set aside funds to uphold the caveat in the event that it is challenged.

Secondary/backyard suites

The position of the Scarboro Community Association, after discussion with legal counsel, is that the caveat registered on lots in Scarboro precludes or does not allow secondary and backyard suites. Check your Land Titles Document for the caveat and/or restrictive covenant(s) that applies to your property.