A big surprise for many new Muskoka cottage owners is finding out that they don’t, in fact, own a 66-foot parcel of land that extends along their shore. This is known as Shoreline Road Allowance, and while it’s listed in the deed, many people don’t understand what it means or what their rights are. Let’s have a closer look at what a shore road allowance are and how they can impact you.shore road allowance
The origins
Back in the mid-to-late 1800s, land surveyors for the Crown would lay out a 66-foot section of what’s called ‘road’ along the shores of rivers and lakes across much of cottage country. This was originally designed for commercial use to support logging and transportation industries (before railways and vehicles took over) and also for any waterway travellers or emergencies so boats and canoes could come safely to shore.
As cottaging became more popular in later years, owners essentially disregarded this legislation and built their cottages, docks and/or boathouses on this section of public ‘road’ without any implications. However, with the intensification of cottages in the past several decades as well as increased use of ATVs and snowmobiles on these public lands, concerns around shore road allowances surfaced.
Rights & public use
Currently, the majority of waterfront properties in our region still have this 66-foot shoreline allowance, but owners are allowed to build (or rebuild) docks and boathouses in this designated section as long as they meet municipal and other regulations.
Purchase or ‘road closure’ options
It’s actually possible in most areas to purchase your shore allowance, depending on environmental or other protections that may be in place. Further, it can’t negatively impact neighbours or deny access for nearby property owners. This purchase is often referred to as stopping up or ‘closing the road’, and local municipalities are happy to reap the lucrative financial benefits from the sale of these lands. You need to inquire with your local municipality to find out if the shore road is for sale, and then apply to purchase it. If approved, they will close the road and the shoreline will legally be yours. As with any property purchase, there are costs involved beyond the purchase price including new surveys, applications, legal fees and in some cases, an increase in property taxes.
This shore road allowance is just one of many reasons why it’s important to retain the services of a real estate lawyer for any Muskoka cottage purchase. It’s our job to do a title search to uncover any such allowances, find out if there are structures on the property that may be impacted, and what the legal implications may be. You may discover that you don’t actually own your boathouse or dock for example. Further, if purchasing your shore allowance is something you’re interested in pursuing, we’ll help you with the application process to ‘close’ the shore road. Simply connect with our experienced legal team at Ares Law today by calling 705-645-8743.
