What Is a Farm Tile Drainage or Drain Act Assessment on My Ontario Property?
A municipal drain assessment is a charge linked to a municipal drain under the Drainage Act, and it is billed to whoever owns the property when the bill is issued. It is worth reading the notice carefully to see what it covers and what you are being asked to pay. Keep every notice you receive, because dates and amounts matter. Because unpaid assessments have priority lien status, it is worth raising any questions about the notice early.
Municipal drains are not registered on title, but they can still restrict a property. Unpaid assessments have priority lien status, and a previous owner's petition continues to bind new owners. That means a sale can carry obligations that are not obvious from the title.
If you are buying, ask the municipality for written confirmation of any drain affecting the property. If you are selling, gather your assessment notices and any petition records so the buyer's lawyer can check them. Rules on how to appeal an assessment, and how the amount is calculated, depend on the facts and the stage of the process, so a lawyer can confirm your options and deadlines.
Key takeaways
- Drainage assessments are charged to whoever owns the property when the bill is issued.
- Unpaid drainage assessments have priority lien status.
- Municipal drains are not registered on title but can restrict a property, and a previous owner's petition continues to bind new owners.
- Buyers should ask the municipality for written confirmation about any drain affecting the property.