- When Ontario was originally surveyed in the late 18th and early 19th centuries, the Crown reserved strips of land throughout townships as future public roads.
- Ownership of URAs in Ontario falls into two broad categories: - Municipal road allowances: The vast majority of URAs in established townships are vested in the local municipality (city,…
- A properly prepared survey will mark the road allowance boundary clearly.
If you are buying rural or semi-rural property in Ontario, your lawyer's title search may flag an unopened road allowance running along one edge of the lot — or even straight through the middle of it. Many buyers have never heard the term. Some sellers don't know there is one on their land. The gap between the boundary line on the survey and what you actually own can affect severances, development plans, and even the shed or fence already sitting on the strip. Understanding the unopened road allowance Ontario property issue before you sign anything can prevent costly surprises after closing.
What Is an Unopened Road Allowance?
When Ontario was originally surveyed in the late 18th and early 19th centuries, the Crown reserved strips of land throughout townships as future public roads. These strips — most commonly 66 feet (one chain) wide — were laid out on a grid pattern between lots and concessions. They were intended to ensure that every parcel of land would eventually have road access.
The key word is "intended." Many of those surveyed strips were never actually built as roads. The land remained in government ownership, often surrounded by private farms and forests, with no pavement, gravel, signage, or municipal maintenance. These are unopened road allowances (URAs) — also called paper roads, because they exist on paper (survey plans and original township plans) but not on the ground.
A road allowance that has been physically constructed and maintained by a municipality is simply a public road. An unopened road allowance is the opposite: it is a legal right-of-way reserved for road purposes that was never developed. The strip still belongs to the Crown or the municipality, not to the adjacent landowners — but it sits quietly in the landscape with no sign to identify it.
Who Owns an Unopened Road Allowance?
Ownership of URAs in Ontario falls into two broad categories:
- Municipal road allowances: The vast majority of URAs in established townships are vested in the local municipality (city, town, or township). The municipality holds the land under the Municipal Act, 2001 or predecessor statutes.
- Crown road allowances: In some Northern Ontario or unorganized territories, URAs remain under provincial Crown ownership administered by the Ministry of Natural Resources and Forestry.
In both cases, the adjacent private landowner does not own the strip — even if they have been mowing it, fencing it in, or otherwise treating it as their own for decades. Ownership is not transferred simply by use or assumption.
How URAs Appear in Surveys and Title Searches
A properly prepared survey will mark the road allowance boundary clearly. The lot dimensions shown on the survey plan run to the edge of the private parcel, which may not coincide with what appears to be the usable edge of the property on the ground.
During a title search, your lawyer will examine the original township plan, lot fabric, and any registered instruments. A URA typically appears as a blank strip — often labelled "road allowance" or "public road" — separating adjacent parcels on the registered plan. If the property backs onto or abuts a URA, this should be flagged in the search. Sometimes the issue only becomes visible when an up-to-date survey is ordered and the surveyor's pins are set differently from where the owner assumed the lot line ran.
Encroachments on Unopened Road Allowances
Because URAs look like ordinary land — no signs, no pavement, no obvious government presence — private landowners routinely build on them by accident or assumption. Common encroachments include:
- Sheds and outbuildings constructed near the property line that actually sit on the URA
- Fences that are installed along what the owner believes to be the lot line but are actually several feet inside the road allowance
- Driveways that cross a URA to reach a back lot without any formal permit or agreement
- Docks and boathouses along waterfront URAs (see below)
An encroachment on road allowance land is a legal problem. The municipality or Crown can require removal of structures and does not owe compensation for improvements made without permission. This can come as a shock to a buyer who paid full price for a property, moved in a shed, and later discovered the shed sits on public land.
URAs Along Water Bodies
A distinct subset of road allowances runs along lakes, rivers, and streams throughout Ontario. These shoreline road allowances were reserved to ensure public access to water. They are typically one chain (66 feet) measured back from the ordinary high-water mark.
Waterfront property owners often believe they own to the water's edge, but in many cases a shoreline road allowance separates the private lot from the water. Any dock, boathouse, or seawall built on that strip is an encroachment. Municipalities have varying policies on licensing or "closing" shoreline road allowances, and some actively enforce removal of unauthorized structures.
The Process to Close or Purchase a Road Allowance
If you want to acquire a URA — either to resolve an encroachment or to incorporate the strip into your land — the municipality (or the Crown for provincial allowances) must formally close the road allowance and convey it. The general steps are:
- Application: Submit a written request to the municipality asking that the road allowance be closed and sold to you. Many municipalities have a formal road allowance purchase application.
- Survey: The municipality will typically require a survey of the strip to establish its boundaries and area.
- By-law process: Under the Municipal Act, 2001, the municipality must pass a by-law to formally close the road allowance. The by-law process includes public notice, an opportunity for objection, and council approval.
- Valuation and price: The municipality sets the purchase price, usually based on an appraised value of the land. There is no automatic right to purchase at a fixed price.
- Transfer: Once closed and sold, the strip is transferred to the adjacent landowner by deed and registered on title.
The process takes time — often several months to over a year — and approval is not guaranteed. Municipalities can decline to close a road allowance if they anticipate future road needs or if public objection arises. Planning ahead is critical.
When a URA Blocks a Severance or Development
A URA can unexpectedly interfere with development plans. If you intend to sever a parcel from a larger holding, the Committee of Adjustment or the municipality may require that road access be provided through the URA — or conversely, may refuse the severance because the road allowance has not been formally opened as a road and access is therefore unclear.
For development applications, the existence of an adjacent URA may affect setback calculations, site plan design, or building permits. Building within or over a road allowance without permission is not permitted under the Planning Act or local zoning by-laws.
Why Buyers and Sellers Often Miss URAs
Several factors cause URAs to go unnoticed until late in a transaction:
- No physical markers identify the strip on the ground
- Sellers may have owned the property for decades without anyone raising the issue
- Real estate listings describe the property as it appears, not as the survey defines it
- Buyers in rural areas often skip ordering a new survey to save money
By the time the issue surfaces — sometimes only after an encroaching structure is already built — removing or regularizing it is expensive.
Due Diligence Steps for Buyers
Before closing on any Ontario property that may be affected by a road allowance:
- Request a current survey and have your lawyer review the boundaries against the registered plan
- Ask the seller whether any structures, driveways, or improvements extend to or near the property line
- Review the original township plan through your lawyer's title search to identify any adjacent or interior URAs
- Check with the municipality about the status of any adjacent road allowance — whether it has been closed, licensed, or is subject to any agreements
- Confirm waterfront access by identifying whether a shoreline road allowance separates the lot from the water
- Factor in timing if you intend to purchase a URA — the process will not complete by your closing date
Frequently asked questions
Can I buy the road allowance beside my property?
In most cases, yes — but only with municipal or Crown approval through a formal road closing process. You must apply, pay the appraised price, and wait for by-law approval. It is not automatic or quick.
What happens if I already have a fence or shed on a road allowance?
You are technically encroaching on public land. The municipality can require you to remove the encroachment. Some municipalities will issue a licence for minor encroachments rather than requiring removal, but there is no right to remain. If you are buying land and discover an existing encroachment, factor the cost and uncertainty of regularizing it into your purchase decision.
Does title insurance cover road allowance issues?
Title insurance may provide coverage for losses arising from a road allowance encroachment that was not disclosed and was not known to the buyer at the time of closing. It does not give you ownership of the strip or eliminate the municipality's right to require removal — it compensates you financially if you suffer a loss. Ask your lawyer about the specific coverage in your policy.
How does a road allowance differ from an easement?
An easement gives one party a right to use another's land for a defined purpose — the land still belongs to the private owner. A road allowance is public land; the adjacent private owner has no ownership interest in the strip at all. The distinction matters because closing a road allowance requires acquiring new title, not just clarifying an existing interest.
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