- Road allowances are strips of land laid out by Crown surveyors, and they are generally 66 feet wide.
- A municipality may assume an unopened road allowance for public use by bylaw, and closing one needs a bylaw and public notice.
- Building on a road allowance can cause problems with title, mortgages and insurance.
- How this applies to a particular shore road allowance depends on your situation, so it is worth confirming with a lawyer before you buy or build.
If you own or want to buy waterfront property in Ontario, you may hear that a "shore road allowance" runs between your lot and the water. Whether that strip is opened or unopened can change what you can do with your land, who can walk across it and who looks after it.
This article explains the basic ideas in plain language. It focuses on the general framework for road allowances in Ontario. The answer for any one property depends on its history and the local municipality, so treat this as a starting point for the right questions.
What a road allowance is
A road allowance is a strip of land set aside for a road. Road allowances are laid out by Crown surveyors and are generally 66 feet wide. Many were drawn on survey plans long before anyone built a road on them, which is why you can find a road allowance on paper where there is only bush, lawn or shoreline on the ground.
How a road allowance beside the water applies to your lot depends on your situation, so it is worth confirming with a lawyer. The lots behind it are often called the backshore lots. Because the strip sits between a cottage or home and the water, it is the part of the property picture that surprises buyers most often.
Opened versus unopened: the basic idea
Whether a road allowance is opened or unopened is a question about how the municipality has treated it, so the answer for your strip depends on the municipality's records. A municipality may, by bylaw, assume an unopened road allowance for public use. That bylaw step is one of the main ways an unopened allowance changes status.
| Question | Opened allowance | Unopened allowance |
|---|---|---|
| What it generally means | Taken into use as a public road | Exists on the survey but not developed for public use |
| How its status can change | Confirm with the municipality | A municipality may assume it for public use by bylaw |
| Public access, ownership, upkeep | Confirm with the municipality | Confirm with the municipality |
The last row matters most and it is the one that cannot be answered in general. How it applies to your strip depends on your situation. Ask the municipality for its records and have a lawyer review them against your title before you rely on any assumption.
Why it matters to waterfront owners
Waterfront owners often build on road allowances, and this can cause problems with title, mortgages and insurance. A dock, shed, deck, boathouse, driveway or even a lawn extension can sit on a strip that you do not own. You may only find out when you sell, refinance or make an insurance claim.
- Title: your deed may not include the strip, even if you have used it for years.
- Mortgage: a lender may question improvements that sit on land outside your property.
- Insurance: an insurer may ask whether a structure is on your land or on public land.
- Sale: a buyer's lawyer will usually check the survey against what is actually built.
None of this means every structure near the water is a problem. It means you should find out where your lot line really is and whether anything you own sits beyond it.
Closing a road allowance and buying it
Closing a road allowance needs a bylaw and public notice. Municipalities consider requests to close road allowances, often with the aim of conveying the land to abutting owners. A closure is a decision of the municipality, not a right you can demand, and the process, timing and cost vary by municipality.
Some road allowances are submerged, meaning they lie under water. A municipality may keep, transfer or convey closed submerged allowances to the backshore owner. If you are a buyer, ask whether any closure has already happened, or whether the seller is counting on one that has not.
What to do next
- Get a current survey and compare it with what is built on the property.
- Ask the municipality whether the road allowance in front of the lot is opened, unopened, assumed by bylaw or closed.
- Ask about any closure request, and whether the municipality has a policy on conveying closed allowances.
- Check with your insurer and lender about any structure that may sit on the strip.
- Before you sign an agreement to buy, have a lawyer review the title, survey and municipal answers.
If you are already using or have built on the strip, speak to a real estate lawyer before you list the property or apply for financing. Fixing a gap early is usually easier than discovering it during a closing.
Frequently asked questions
How wide is a road allowance?
Road allowances laid out by Crown surveyors are generally 66 feet wide. The exact width and position for your lot should be confirmed on the survey and municipal records.
Can a municipality turn an unopened allowance into a public road?
A municipality may assume an unopened road allowance for public use by bylaw. If you own next to one, ask whether anything like this is planned.
Is it a problem if my dock or shed is on the road allowance?
It can be. Building on road allowances can cause problems with title, mortgages and insurance. A lawyer can review your survey and title and explain your options.
Can I buy the road allowance in front of my lot?
Municipalities consider closure requests, often to convey the land to abutting owners. Closure needs a bylaw and public notice, and the result is up to the municipality.
Sources
- Ontario.ca – Municipal road allowances — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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