You’ve scrimped and saved, planned and dreamed, and the time has finally come – you’re ready to purchase your family cottage in the much-coveted Muskoka region. Although this is certainly an exciting time, it’s also important to know that purchasing a cottage or vacation property is generally a little more complicated than purchasing a home in the city. As a result, your best bet is to do your research and exercise caution and due diligence when looking to purchase – so that your dream can come to fruition. A real estate lawyer can provide you with the knowledge and advice you need to facilitate the process, so that your dream of owning a Muskoka cottage doesn’t become a nightmare. Here are just a few examples of common concerns that directly impact cottage owners that we regularly assist our clients with:
Cottage access
One of the top litigation concerns among cottage owners surrounds location and access issues. Depending on the location of your cottage, access can sometimes be a contested issue that could even lead to strained relations and disagreements between cottage neighbours. If you don’t have access to your cottage from a public road, it’s important to understand and clarify how you will get to your cottage in any season – in order to avoid complicated access issues. A real estate lawyer can uncover any issues regarding how your cottage can be legally and rightfully accessed – and ensure that this is clearly included and protected in your purchase agreement.
Cottage boundaries
Knowing the real boundaries of your cottage property is also imperative to avoid certain cottage nightmares from occurring. In cottage country, there are few fences or markings to accurately define property lines, which makes it hard to know the exact square footage. It’s also pretty common for boundary understandings to change and shift over time between neighbours. For example, a previous owner may have allowed a neighbour to utilize unused space for a garden or boat storage, and over time the lines got blurred and misunderstandings popped up. A real estate lawyer will ensure that boundaries are properly understood, clarified and documented in the deed to avoid any misgivings over who owns what, and where your property begins and ends.
Water & sewage requirements
Another element of cottage living that is sometimes problematic involves water and sewage requirements. Before you buy, it’s important to know how your cottage is configured. Here are some questions to ask before you sign on the dotted line:
- Does it currently have a well or septic system in place?
- Is the well or septic system functioning properly?
- How old is it, and when was it last maintained?
- Are there any limitations or restrictions around the septic system that impact me?
By adding provisions into your agreement of sale specifying that your well and septic system be in good working order, your real estate lawyer can help to protect you from any costly or expensive issues that may occur.
Owning a cottage in Muskoka is truly a dream come true for many. However, by not doing your research and being diligent, your cottage purchase could turn into an expensive, troublesome, and time-consuming hassle – which is the opposite goal of any cottage owner! As local lawyers specializing in real estate law in the Muskoka region, our understanding of cottage life, local bylaws, regulations, and the vast complexities that come with buying a cottage or vacation property allow us to help our clients enjoy a hassle-free experience. If you’re looking to buy or sell a cottage in Muskoka, call us at Ares Law today at 705-645-8743 for a consultation.
