Can I buy the road allowance next to my Ontario rural property?
Unopen road allowances in Ontario are owned by the municipality (or in some areas by the Crown), not by adjacent landowners. If the road allowance has never been opened for public travel and is not needed for future road purposes, you may be able to apply to have it closed and purchased.
The process involves making an application to the local municipality under the Municipal Act for closure and sale of the road allowance. The municipality will consider whether the allowance is needed for current or future road purposes, what impact closure would have on other landowners (including whether it would land-lock anyone), and what the land is worth. Public notice is typically required, and the decision rests with municipal council.
If the municipality approves, it passes a by-law closing the road, the land is sold (usually at fair market value or through a negotiated price), a deed is issued to you, and the transaction is registered at the Land Registry Office. You then pay LTT on the acquisition.
Not every road allowance application is approved. Municipalities have discretion, and if closing the allowance would cut off access to other properties, approval is unlikely. You should consult with the municipal planning or roads department first to gauge feasibility, and a lawyer to guide the formal process.
Key takeaways
- Unopen road allowances are municipal or Crown property, not automatically yours.
- You can apply to the municipality to close and purchase an adjacent allowance.
- Approval is discretionary and depends on whether closure affects access to other lands.
- The process involves a council by-law, fair market value payment, and title registration.