Shore Road Allowances and Cottage Access in Ontario

Many cottage owners discover that their lot stops short of the water. A strip of land runs along the shore, and it is not theirs. That strip is often a shore road allowance, and it raises questions about ownership, use and whether you can buy it.

This article explains in general terms who controls these strips, how a purchase usually works and what can stand in the way. Your own lot's history matters, so a lawyer should confirm the details.

What a shore road allowance is

A shore road allowance is a strip of land one chain (66 feet) wide around some lakes and rivers, 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.

Often no road was ever built. That is why people call it unopened. Being unopened does not by itself mean the land belongs to the adjoining owner.

Who controls it

Who has authority depends on where the land is. The table sets out the general position.

A Crown shoreline reserve is a different thing from a road allowance. It is ungranted Crown land no more than 30 metres deep between a water body and private property. Check which kind of strip, if any, borders your lot.

Can you buy it?

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, and interfering with a First Nation land claim.

On a Crown sale, the Ministry charges its current administrative fee or market value, whichever is greater, with market value applying where the land significantly adds value to the adjacent property. The applicant pays for the survey, plan preparation and registration. Prices for shore road allowances sold by municipalities vary by municipality and by-law, so ask your municipality what its policy is.

There are special cases. 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. 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.

Public rights and neighbours

Because these strips were set aside for public roads, they are not simply an extension of your yard. Until the land is conveyed to you, others may have a legitimate interest in it, and the Ministry can refuse a sale that would conflict with existing or future public use such as water access.

Practical points to think about before you build, plant or place a dock on the strip:

• Do not assume you may build on land you do not own; permits may be needed from several bodies, and a municipal or conservation authority permit does not replace a Ministry work permit for shore lands when one is required.
• Neighbours and the public may rely on the strip for access, which is a recognized reason the Ministry may decline a sale.
• If a private road crosses the area, separate rules under the Road Access Act may apply, and an owner generally cannot close such a road without a court order.

What to do next

Start by finding out what actually borders your lot, then decide whether buying it makes sense for you.

• Get your survey and the title documents for your lot.
• Ask the municipality whether the allowance has been stopped up, sold or is still public land.
• If you are in unorganized territory or the strip is a Crown shoreline reserve, contact the Ministry of Natural Resources.
• Budget for the survey, plan preparation and registration, which the applicant pays.
• Speak to a lawyer before you build on, fence or sell around the strip.

Frequently asked questions