If you are thinking about buying a cottage in the Parry Sound or Muskoka region, or you’ve recently purchased one, you may not know that there’s a 66-foot stretch of land along your shoreline that might not be your property! It’s called a shore (or shoreline) road allowance (SRA), and for some cottagers, it’s a big deal. Let’s have a look at this issue and how it may or may not impact your cottage purchase and enjoyment.
The history of shore road allowances
While we typically think of a road as a stretch of pavement or gravel for cars, in this instance, ‘road’ refers to a section of land for public access. In the 1800s, Crown land surveyors in our region marked off a 66-foot section of each property plot along the shore as a shore road. The initial intention was to allow for loggers, travellers, and waterway transportation companies to have access to the shore, but cars and railways soon took over and it became a rather inconsequential issue. However, the past several decades have seen an influx of cottages on our lakes and rivers, as well as increased use of snowmobiles and ATVs along these public lands, resulting in new interest in this unique property law.
What does it mean for you?
The majority of cottage owners in our region have a shore road allowance in place, which is marked on their deed accordingly when they purchase the property. For many, there is no direct or negative implication, and usually, they are grandfathered in (non-conforming use) and can enjoy their waterfront, docks, and boathouses as usual. However, it becomes an issue from time to time when someone wants to sell the cottage, build a new dock or boathouse that doesn’t conform to local legislation, or when there’s a nuisance from public use of these lands from boats, ATVs, snowmobiles and so on.
Can you buy your shore road allowance?
Yes! It’s possible for most cottage owners to buy this parcel of shore road from their local municipality. There are some exceptions where the land/waterway is environmentally protected, or where there might be a negative impact on neighbours (or if it impacts access to their property).
If you want to ‘close the road’ and purchase the allowance, you have to first find out if it’s for sale and then go through the municipal application process – which can take up to a year. Not surprisingly, the sale of these shore allowances has been increasingly profitable for municipalities in recent years! Still have questions about shore road allowances and public use of your property? Be sure to connect with the expert legal team at Ares Law. As experienced real estate lawyers in cottage country, it’s our job to help you navigate the complicated, legal issues associated with cottage ownership – including shore road allowances. We’ll also offer legal advice surrounding options to buy the shore road allowance and help you with the process. Call us today to book your appointment – we’re here for you, 705-746-6444.
