A cottage lot can look like it runs to the water when, on paper, it does not. On many Ontario lakes there is a strip of public land between the private lot and the shoreline. It is called a shore road allowance.
What it is
When Crown surveyors laid out many Ontario townships, mostly in the late 1800s, they reserved a strip along the shores of lakes and rivers for a public road. The strip is 66 feet wide, which is about 20 metres.
Almost none of these roads were ever built. The strip still exists in law, though. Inside a municipality, an unsold shore road allowance belongs to the township. In areas with no municipal government, it falls under the province’s Ministry of Natural Resources.
If the allowance in front of a cottage has never been closed and sold, the private lot ends where the allowance begins. The owner does not own the last 66 feet to the water.
Not every lake has one
Shore road allowances are common across much of Ontario’s cottage country, but they are not everywhere. It depends on how each township was first surveyed and how the land was first granted. Some lots were granted right to the water’s edge. Some lakes have a different kind of reserve, such as a Crown shoreline reserve, which is handled by the province, not the township. Check each property on its own.
What “closed” means
A township can pass a bylaw to stop up and close the allowance in front of a lot and then sell that piece to the owner of the lot behind it. Once that is done and registered, the strip becomes part of the cottage property. People say the shore road allowance is “closed” or “owned”.
If it has not been done, the allowance is “open” or “not owned”. The owner still uses the shoreline, but the strip is public land.
How to tell if it has been closed
- Read the legal description. A closed allowance usually shows up in the property’s legal description, often as a numbered part on a reference plan.
- Look at a survey. A survey shows the allowance, the lot lines and where the buildings sit. Ask the seller for any survey they have.
- Ask the township. The planning or clerk’s office can tell you whether a closing bylaw was passed for that lot.
- Have your lawyer search title. This is the final check. Make it part of your conditions.
Why it matters
Docks, boathouses and other structures
A boathouse, deck, sauna or even part of the cottage may sit on the allowance. If the strip is not owned, that structure is on township land. Some townships offer a licence or encroachment agreement for existing structures. Others will not issue a permit to build, rebuild or enlarge anything on the strip until it is purchased.
Owning the strip does not mean you can build whatever you like on it. Zoning setbacks from the water still apply, and they are often strict.
Lot lines and lot size
When an allowance is sold, the side lot lines have to be carried across it to the water. Townships generally extend them in a straight line, but on a curved shoreline or a point, that can produce odd results and disputes with neighbours.
Financing, insurance and rentals
Lenders and insurers may ask questions if a main building sits on land you do not own. An open allowance is also legally a public road, so the strip is not private land. Some townships tie rental licences to the allowance. In parts of Haliburton County, for example, a short-term rental licence application can require an agreement or purchase where structures sit on the municipal shoreline strip.
Flooded land
On lakes where dams raised the water level long ago, part of the original allowance may now be under water. Townships usually keep the flooded part and sell only the dry land. On these lakes the dry strip can be much narrower than 66 feet, or gone.
How the purchase usually works
Each township sets its own process and price, so ask for its current policy. The usual steps look like this.
- Application. Only the owner of the lot behind the allowance can apply. All owners sign, and there is an application fee.
- Review. Staff check for problems. A township may refuse to sell where the strip protects fish spawning areas or other sensitive habitat, gives the public or a neighbour access, or has historical value.
- Neighbours. Next-door owners are told and can comment, mostly about where the side lines will run.
- Survey. You hire an Ontario Land Surveyor to prepare a reference plan of the piece you are buying.
- Public notice and bylaw. The township gives public notice, then council passes a bylaw to close and sell the strip.
- Payment and transfer. You pay the purchase price, the survey, your own lawyer and usually the township’s legal costs. The deed is then registered.
The price is normally set by the township as a rate per square foot or square metre, and some townships charge more on their larger lakes. The whole thing commonly takes from several months to two years.
What to do as a buyer
- Ask early whether the shore road allowance is owned, and get proof.
- Get a survey, or make the offer conditional on your lawyer’s review of title and the survey.
- If it is not owned, ask the township whether it sells allowances on that lake and what it costs. Not every strip is for sale.
An open allowance is not a reason to walk away. It is a cost and a risk to understand before you agree on a price. Our Waterfront 101 guide covers more shoreline basics, and 5 costly mistakes lists other things to check before an offer.
This article is general information, not legal advice. A real estate lawyer who works in cottage country should review title for any waterfront purchase.