Shoreline Road Allowance Ownership in Ontario: Who Owns It?

A buyer of lakefront property sometimes discovers, on the survey or in the title search, a strip of land between the lot and the water that the seller does not own. It is a shore road allowance, and it can affect privacy, access, docks and the value of the property.

This article explains in plain language who owns these strips in Ontario, whether you can buy one, and what it means for how you use the shoreline. The answers depend on each municipality and each strip, so a lawyer should confirm the details.

What a shore road allowance is

Many Ontario lakes and rivers were surveyed with a strip of land reserved along the water for a possible public road. In many places the road was never built, which is why people call it unopened. On the ground it may look like part of the cottage lot, with lawn, trees or a dock path.

Municipal road allowances laid out by Crown surveyors, and those shown on registered plans of subdivision, are highways under s. 26 of the Municipal Act, 2001.

Who owns it

A highway is owned by the municipality that has jurisdiction over it, subject to rights reserved by the dedicator or other landholders. Owning the cottage lot next to it does not make you the owner of the allowance.

The municipality administers and disposes of shore road allowances, and the province has no direct role in that. For that reason, your first call about an allowance is usually to the municipality, not a provincial ministry.

Can you buy it?

Sometimes. A municipality can get rid of an established or assumed highway only through a closing by-law under s. 34 of the Municipal Act, 2001, after giving public notice. Closures are often requested so the land can be conveyed to the abutting owners.

Whether a particular allowance can be bought depends on the municipality's own surplus-land policy, the public notice process, and, for submerged land, ministry consent. Nothing guarantees a sale.

Expect a purchase to involve a municipal process, possible costs and a lawyer to complete the transfer. Price and timing depend on the municipality, so ask it directly.

What it means for how you use the shoreline

If the municipality owns the strip, you may not have the right to build on it, exclude the public, or assume it is part of your lot. Structures on a shore road allowance can cause problems with land transfers, mortgages, insurance claims and estates.

• Docks and boathouses may be affected by federal rules. A dock or boathouse is a minor work only if it meets criteria such as being at least 5 m from adjacent property boundaries and not taking up more than one-third of the water's width.
• For docks and boathouses on charted navigable waters, the owner must notify the Canadian Coast Guard of the expected start date before work begins.
• A structure in physical contact with more than 15 m² of Crown shore land may need a work permit under the Public Lands Act.
• Work near a shoreline, wetland or watercourse may need a conservation authority permit.

Which rules apply depends on who owns the shore strip and the water bed. Ask your lawyer to confirm before you build, repair or buy.

What to do next

If you are buying, raise the allowance early, ideally before your offer becomes firm. If you already own, find out what the municipality knows about it and whether any structures sit on it.

• Ask your lawyer to review the survey and title for any road allowance between the lot and the water.
• Contact the municipality to ask who administers the allowance and whether it has a policy on closing and selling it.
• List any dock, shed, stairs or cottage parts that sit on the strip, since these can complicate transfers, mortgages and insurance.
• If submerged land is involved, ask whether Ministry of Natural Resources consent is needed.
• Check with the local conservation authority before any shoreline work.
• Make the purchase conditional on resolving the allowance if it matters to you.

Frequently asked questions