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Opened vs Unopened Shore Road Allowance in Ontario: Key Differences

Learn how an opened and an unopened shore road allowance differ in Ontario, why it matters to waterfront owners and buyers, and what to check first.

Real Estate4 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
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Key takeaways
  • 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.

QuestionOpened allowanceUnopened allowance
What it generally meansTaken into use as a public roadExists on the survey but not developed for public use
How its status can changeConfirm with the municipalityA municipality may assume it for public use by bylaw
Public access, ownership, upkeepConfirm with the municipalityConfirm 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.

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

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

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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