If you own waterfront property, you may eventually want to build a dock, a boathouse, or another structure to enjoy Ontario’s beautiful summers. However, you might discover that the land you need – the 66-foot shore road allowance – doesn’t actually belong to you. Don’t worry! This guide will walk you through how to buy your shore road allowance from your local municipality or township.
Step 1: Start the Application Process
Begin by contacting your local municipality or township or visiting their website. Most municipalities have specific forms or use online services like Cloudpermit for applications. When you apply, you’ll need to provide the following:
- Your Information:
- Name
- Address
- Contact details (email, phone)
- Property Details:
- Address of your property
- Legal description (found through OnLand or in your documents from your real estate lawyer)
- Intended use of the shore road allowance
- Other Relevant Details (if applicable):
- Existing structures or encroachments
- Ongoing planning/building applications
- Survey or preliminary sketches
- Possible easement holders
- Application Fee:
Pay the application fee (varies by municipality). Check the amount before submitting your payment.
Once your application is ready, all property owners must sign it, agreeing to the process and any associated fees.
Step 2: Understand the Costs Involved
Before you start, be prepared for these potential expenses:
- Application fee
- Surveyor costs
- Appraisal costs (if needed)
- Advertising costs
- Legal fees (for both your lawyer and the municipality’s lawyer)
- Shore road allowance purchase price
Step 3: Municipal Approval Process
Your application will be reviewed by the municipal or township council at a regular meeting. If they approve it and declare the shore road allowance as “surplus land,” the process can move forward.
Step 4: Hire a Surveyor
Once approved, hire an Ontario Land Surveyor (O.L.S.) to create a detailed survey of the shore road allowance. The survey must:
- Identify the boundaries of the road allowance relative to your property.
- Show the high-water mark.
- Specify the size (in square meters) of the road allowance.
Submit the draft survey to the municipality for review. If it meets their requirements, they’ll approve it, and the price for the land will be determined.
Step 5: Legal Review and Easements
After the municipality approves your application and survey, they’ll forward it to their solicitor. The solicitor will:
- Conduct a title search of the property.
- Consult standard easement holders (e.g., Hydro One, Bell Canada) to see if any easements need to be registered before the transfer.
If easements are required, you’ll be notified.
Step 6: Final Steps for Ownership Transfer
Here’s what happens next:
- The municipality will prepare and pass a bylaw to officially close the shore road allowance. This process includes a public notice period (usually 3 weeks).
- Once the bylaw is approved, the municipality’s solicitor will prepare the final documents, including:
- The bylaw
- Any easements
- The title transfer to you
You’ll then receive an acknowledgment and direction form to sign.
Step 7: Complete the Purchase
To finalize the process:
- Ensure your property taxes are up to date.
- Pay the purchase price and any outstanding fees.
- Sign and return all required documents.
Once everything is in order, the municipality’s solicitor will register the transfer with the Local Land Registry office.
Congratulations!
Once the process is complete, you’ll officially own the shore road allowance up to the high-water mark on your property. You can now move forward with your building plans, like constructing a dock or boathouse—just don’t forget to get your building permit first!
Tips to Keep in Mind:
- Plan Ahead: The entire process can take up to a year, so start early. Avoid hiring builders until you’re sure everything is finalized.
- Permits: Apply for building permits as soon as possible to avoid delays once the land is officially yours.
- Legal Costs: Be prepared to cover both your lawyer’s fees and the municipality’s legal fees, which can add up.
By following these steps, you’ll navigate the shore road allowance purchase process smoothly and enjoy your waterfront property to its fullest.
More information? We’re here to help – realestate@wardlegal.ca.
This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.