Buying the Shore Road Allowance in Front of Your Ontario Cottage

Many cottage owners are surprised to learn that their lot stops short of the water. A narrow strip of land can sit between your property line and the shore, and it may not belong to you. That can affect your dock, your shoreline work, and what a buyer expects when you sell.

This article explains what these strips are, who controls them, how an owner applies to buy one, and why an application can be refused. It also covers how pricing works and the special rules for strips under water and for Mining Act reserves. Every property is different, so treat this as a general guide.

What a shore road allowance and a shoreline reserve are

A shore road allowance is a strip of land one chain (66 feet) wide around some lakes and rivers. It was set aside in the 1800s for public roads. A cottage lot that fronts one does not reach the water's edge unless the allowance has been closed and conveyed to the owner.

A Crown shoreline reserve is a different thing. It is ungranted Crown land no more than 30 metres deep between a water body and private property. Your title documents and a survey will usually show which of these, if either, lies in front of your lot.

Who controls the strip

Inside a municipality, road allowances, including shore road allowances, are under the municipality's jurisdiction unless they have been legally stopped up and sold. To buy one, the owner applies to the municipality.

In unorganized territory, road allowances and Crown-dedicated roads are instead under the Minister of Natural Resources. They can be stopped up and sold under section 55.1 of the Public Lands Act. A Crown shoreline reserve is under the Minister's jurisdiction in both incorporated and unincorporated areas.

How an application is decided

The Ministry will generally approve selling a road allowance or shoreline reserve to the adjacent upland owner unless there are compelling site-specific reasons to refuse. Grounds for refusal include:

• Losing access to private or public land.
• Conflicting with existing or future public use, such as water access.
• Interfering with a First Nation land claim.

Being the neighbouring owner is therefore a strong starting point, but not a guarantee. If other owners or the public rely on the strip to reach the water, expect that to be looked at closely.

What it costs

On a Crown sale, the Ministry charges its current administrative fee or market value, whichever is greater. Market value applies where the land significantly adds value to the adjacent property. The applicant pays for the survey, plan preparation and registration.

When the municipality is the seller, the price depends on the municipality and its by-law, so it can differ a lot from one place to the next. Ask the municipality for its current policy before you budget.

Special cases: strips under water and Mining Act reserves

Before a municipality conveys a road allowance that is under water, it must get the consent of the Ministry of Natural Resources under section 43 of the Municipal Act. This can add time and another approval to the process.

Shoreline reserves of 200 or 400 feet in front of Mining Act lands are not covered by the disposition policy and are sold at market value.

Buying a strip also does not replace other approvals. For example, a conservation authority or municipal permit does not replace a Ministry work permit for shore lands when one is required.

What to do next

• Review your deed and a recent survey to see what lies between your lot and the water.
• Find out whether your property is inside a municipality or in unorganized territory.
• Contact the municipality or the Ministry to ask how to apply and what they need.
• Think about who else uses the strip to reach the water.
• Budget for the purchase price plus survey, plan and registration costs.
• Talk to a real estate lawyer before you apply or sign, especially if the strip is under water or a neighbour may object.

Frequently asked questions