What Is the Difference Between an Opened and Unopened Shore Road Allowance in Ontario?

Whether a shore road allowance is opened or not, the key questions are whether it has been closed and who owns it. A road allowance made by the Crown surveyors in a municipality is a highway unless it has been closed, and that includes original shore road allowances. A highway, including an unopened road allowance, is owned by the municipality that has jurisdiction over it.

Where a shore road allowance in a municipality has not been closed, it remains a highway, so it may not be part of your lot even if it looks like your yard. A municipality closes a road allowance by by-law, and that must happen before it can be sold to an abutting owner. The by-law takes effect only when a certified copy is registered in the land registry office. After January 1, 2003, land can become a highway only by a by-law establishing it.

Whether a particular allowance can be closed and sold depends on local policy, the high-water mark and other issues, so confirm its status with the municipality and a lawyer before you buy.