Owning a property in Ontario's pristine cottage country is a dream for many, offering an escape from the hustle and bustle of city life to embrace the tranquility of waterfront living. However, for those venturing into the realm of cottage ownership, understanding the intricacies of shore road allowances is essential.
Due Diligence
The journey to owning a cottage often begins with the search for the perfect waterfront property. When considering a potential purchase, it's crucial to inquire about any shore road allowances adjacent to the property. These allowances are typically 66 feet (the length of a chain) from the high water mark, following the natural contour of the land. These shore road allowances (SRAs) were established to create access for commercial purposes (fishing and logging) back in the 1800s. During the purchasing process, it's advisable to work closely with a real estate agent who understands the local market dynamics and can provide insights into the implications of shore road allowances on property values and development potential. Conducting thorough due diligence, including researching property records and consulting with legal professionals, ensures that you make an informed decision and avoid any surprises down the road. A shore road allowance can be found on most surveys but keep in mind, that since being surveyed, over the years many water levels have changed and actual distances to the water’s edge may vary. Sometimes the SRA may now be totally under water especially along some of the shores of Lake Muskoka.
Can the Shore Road Allowance be purchased/closed?
Each municipality has their own policies regarding SRAs and typically, if the SRA is still open/not owned, it is available for purchase. Reviewing the property deed will inform you as to whether the SRA is owned. The property owner can only purchase the SRA directly in front of or adjoining the SRA. It is important to also check with the Ministry of Natural Resources as they have guidelines regarding wildlife habitat that relate to shore road allowances. Keep in mind, each lake varies in their SRA pricing (based on ft) and of course, there may be an additional survey needed, along with legal fees etc. Each Lake has its own pricing, the Big 3 being the most expensive, with Lake Muskoka currently priced at $86 per running foot whereas other lakes are lower priced.
Should I purchase mine?
Its best to seek professional advice when deciding about whether to purchase your SRA. When building a new cottage or adding on to the current building, zoning by-laws may limit the percentage of lot coverage and you may be required to purchase the SRA to increase your lot size. As well, if you add a dock or boathouse you may need to purchase the SRA to guarantee there is sufficient lot coverage.
Any questions – call Kristyn directly to find out more: 416.989.5851