When looking at waterfront properties in Ontario, especially along lakes and rivers, a common term you may come across is “shoreline road allowance.” For many potential buyers and even current property owners, understanding shoreline road allowances can be a little confusing. This article will walk you through what a shoreline road allowance is, why it exists, and how it impacts property ownership and development along Ontario’s beautiful waterfronts.
What Is a Shoreline Road Allowance?
A shoreline road allowance is a strip of land, typically 66 feet wide, along the shore of a body of water. These road allowances date back to the 19th century when they were established by the Crown (the government) to ensure public access to waterways for transportation, timber movement, and other purposes. In Ontario, many waterfront properties still have these allowances running through them, and in many cases, the land technically remains owned by the municipality, not the private property owner.
Even though these allowances were intended to be roads, many were never developed into actual roadways. As a result, they now serve as legal remnants of the past that can affect modern real estate transactions, property use, and ownership rights.
How Shoreline Road Allowances Impact Property Owners
If you’re considering buying a waterfront property, it’s important to understand how a shoreline road allowance might affect you. Here are a few ways it could come into play:
- Ownership & Access Rights: In some cases, the shoreline road allowance means that you do not actually own the land right up to the water’s edge. The municipality retains ownership of this strip of land, which can, in theory, be used by the public. While this rarely happens, the legal rights still exist.
- Building Restrictions: If you plan to build a dock, boathouse, or any structure along the waterfront, the existence of a shoreline road allowance could impact your ability to do so. Since the municipality may own the allowance, you may need special permits or even enter into agreements with the municipality for access or construction.
- Purchasing the Allowance: In many cases, municipalities offer property owners the option to purchase the shoreline road allowance that crosses their property. This can consolidate ownership of the waterfront and give the property owner full control over the land up to the water’s edge. However, the process can be complex, and the cost will depend on several factors, including the size and value of the land in question.
Why You Should Consider Buying the Shoreline Road Allowance
For many waterfront property owners, purchasing the shoreline road allowance is a worthwhile investment. Here’s why:
- Complete Ownership of Waterfront: Once you purchase the shoreline road allowance, you own the land all the way to the water’s edge. This removes any ambiguity about ownership and ensures that no one can access your property via the allowance.
- Simplified Development: If you plan to develop your waterfront property, such as adding a dock, buying the shoreline road allowance simplifies the approval process. You no longer need to worry about seeking municipal permission for structures that would otherwise sit on land you don’t technically own.
- Increased Property Value: Owning the shoreline road allowance often increases the overall value of your property. Waterfront properties are highly sought after, and having full ownership of the shoreline can make your land even more attractive to future buyers.
Steps to Purchase a Shoreline Road Allowance
If you’re interested in purchasing the shoreline road allowance on your property, here are the typical steps you need to follow:
- Contact the Municipality: The first step is reaching out to your local municipality to confirm whether the shoreline road allowance is available for purchase. Each municipality may have different policies regarding the sale of these allowances.
- Survey the Land: You will likely need to hire a professional surveyor to clearly define the boundaries of the road allowance and its relationship to your property. This will help determine how much of the allowance you’re purchasing.
- Submit an Application: Once you have the necessary information, you’ll need to submit a formal application to the municipality. This usually includes the survey and a fee to cover administrative costs.
- Negotiate the Purchase Price: The municipality will determine the price based on a variety of factors, including the size of the road allowance and its location. Be prepared for negotiation.
- Transfer of Title: Once the purchase is approved, the shoreline road allowance will be transferred to your name, and you’ll own the land outright.
Final Thoughts
Shoreline road allowances are a unique aspect of owning waterfront property in Ontario. While they can add some complexity to property transactions and development, they also present an opportunity. Purchasing the shoreline road allowance can give you greater control over your property, simplify future development, and potentially increase your property value. If you’re considering buying waterfront land or already own such property, it’s worth investigating whether a shoreline road allowance exists and exploring the benefits of purchasing it.
As with any real estate matter, working with an experienced real estate lawyer and professionals familiar with waterfront properties is key to navigating shoreline road allowances successfully. By understanding this piece of Ontario’s history and its impact on your property, you can make informed decisions and maximize the potential of your waterfront investment.