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Restrictions You Need To Know About
Before Buying A Cottage
By Ann Smith,
Broker
When looking to purchase
cottage property, it’s imperative that you seek the services of a trusted
Realtor. Do your homework – ensure a survey is completed before buying
property and check the Ministry of
Natural Resources Web site to see what else you need to know, apply
for, or request. Here are a few areas you don’t want to miss.
Crown Land
The Public Land Act legislation details how these lands are to be
administered. The Ministry of Natural Resources (MNR) claims 87% of Ontario
land is Crown Land – owned by the provincial or federal governments. Crown
Land includes the land under all waterways. As of 2009, Crown Land was no
longer available for sale, only resale of previously purchased lots.
Many cottages, which have been in families for generations, encroach on
Crown Land. When a sale occurs the encroachment issue must be addressed by
MNR. It is advisable to seek legal help to determine the best course of
action either as a seller or a purchaser of cottage land, especially if it
borders Crown Land.
Restrictive Covenants
As the land owner, you may be legally obligated to do something to or be
restricted from doing something with/to the property. These restrictions
could involve land development, subdivision, erecting a boat house, putting
up a clothesline, or deciding what can be parked where; e.g., RV’s.
Easements are right-of-ways over the property by other persons. The cottage
land owner has servient tenement and cannot prevent another person, who has
dominant tenement, from crossing the cottage property to get to their
property.
The deed’s covenant must cover the easement; if it does not, there is no
legal requirement that will restrict the use of your cottage land. Ensure
the wording is clear to all parties so that access does not become a legal
liability.
Shore Road Allowances
Shore Road Allowances are important to waterfront property owners. This
allowance is a legal right in the form of a 66-foot strip of “road”
adjacent to waterways. Once upon a time, older northerly cottages were only
accessible by boat, thus public travelers were “allowed” access to cross a
land owner’s property in order to get from the waterway to an inland road
or trail.
Most of these roads were never developed per se. A land owner can apply to
have the MNR close the road, but may find it expensive and to their
detriment by way of narrowed frontage to the water, setback allowances, and
environmental legislation, to name a few. The roads may have been
maintained by MNR for wildlife and fish habitat preservation.
Kicking your feet back while listening to the loons cry in a dark sky night
will make your due diligence worthwhile. Ahhhh...that’s the life!
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Ann
Smith, Broker
Your Real
Estate Consultant…For Life! |
