Docks and Boathouses on a Shore Road Allowance in Ontario

Many waterfront lots are separated from the water by a narrow strip of land that the owner does not actually own. A dock, boathouse, shed or stairway built across or beside that strip can look harmless, yet it may sit on public land.

This article explains who controls shore road allowances in Ontario, why structures on them cause trouble, and who is likely to have a say if someone questions them. Rules about docks and boathouses can involve several layers of approval, so treat this as an orientation and get advice before you build, buy or sell.

What a shore road allowance is

Road allowances are strips originally laid out for roads by a Crown surveyor, generally 66 feet wide. Some run along a shoreline, and these are often called shore road allowances. A highway is owned by the municipality with jurisdiction over it, subject to any rights reserved by the person who dedicated it.

A related but different strip is the Crown shoreline reserve: ungranted Crown land no more than 30 metres deep between the water and private upland. Your survey and title history should show which one, if either, lies in front of your lot.

Who has jurisdiction

Jurisdiction decides who you deal with. Road allowances within municipalities fall under municipal jurisdiction unless they have been stopped up and sold. Road allowances in unorganized territory, and all Crown shoreline reserves, fall under the Minister's jurisdiction.

In general, the body with jurisdiction over the strip is the one you would expect to deal with if a structure on it is questioned. Whether it chooses to act, and what tools it uses, depends on the facts and on local rules, so a lawyer can confirm for your property.

Why structures on the allowance cause problems

Ontario has noted that waterfront owners have often built cottages, residences and other structures on road allowances, causing problems with land transfers, mortgages, insurance claims and estates. The reason is simple: you cannot normally sell, mortgage or insure with confidence something that sits on land you do not own.

Long use does not automatically fix this. Adverse possession in Ontario requires open, notorious, constant, continuous and peaceful possession, an intention to exclude the true owner, and effective exclusion of the true owner for the entire ten-year period. Permission defeats the claim, because where the owner permitted the occupation the adversity element cannot be met. For registered land, length of possession alone cannot give title unless the ten-year period ran before registration. Whether any of this could help with a particular strip is a difficult question for a lawyer.

• A dock or boathouse that crosses the strip may be treated as being on public land.
• A buyer's lawyer or lender may raise it on a sale or refinancing.
• An insurer may question coverage for a structure on land you do not own.
• An estate may face delay if title or insurance is uncertain.

Ways the strip can end up in private hands

A municipality can convey a road allowance only after it has been stopped up (closed). Before closing a highway by by-law it must give public notice. If any part is submerged, such as part of a shore road allowance, the municipality needs the Ministry's consent under section 43 of the Municipal Act before conveying that portion.

For Crown shoreline reserves, the Ministry generally approves a sale to adjacent owners of developed lots unless there is a compelling reason, such as loss of access or conflict with public use like water access. That is a general approach, not a promise for any individual application.

Whether a dock or boathouse needs any approval separate from land ownership depends on the location and the water. It is worth confirming with a lawyer before you build or repair anything.

What to do next

• Order or review your survey and find out whether a road allowance or shoreline reserve lies in front of your lot.
• Ask the municipality whether the strip has been assumed, closed or conveyed.
• List every structure that crosses or sits on the strip, with photos and dates.
• Find out what approvals exist for your dock or boathouse, and keep copies.
• Before buying or selling, ask your lawyer how the strip will be handled in the deal.
• If you receive a letter about a structure, do not ignore it; get legal advice promptly.

Frequently asked questions