Finding the right recreational property

By Jayson Schwarz
June 6, 2025

Spring is fully underway and summer is around the corner. This is the time of year when some people think of realizing their dream of owning a recreation property.

Choosing the right location depends on a number of factors – everything from distance from your home to the type of cottage to issues of access and more.

Type of recreation property

Perhaps the first thing you need to determine the right location is the kind of recreation property you would like to own. Perhaps a maintenance-free condominium or timeshare meets your needs. This kind of cottage may include a resort and the amenities that go with it. You need to consider the fact that your neighbours will be close by and you will have a fixed monthly maintenance and operations cost.

What if you want the isolation of that small cabin in the woods? Location now raises a number of issues that will require significant legal investigation. Is there a survey? Are there easements necessary to get to the cabin? Who owns the road? What is the zoning? What is the position of the local municipality on building more than one structure? Location also gives you the peace and quiet that you can only obtain as part of the natural beauty of Ontario’s north. As an example, one of my clients just purchased forest in Haliburton County near Donald on the Burnt River and is creating 17 acre lots on the river. Is this isolation, wilderness and privacy what you want?

I have been looking for a perfect family compound on a multi lake chain. Another set of location questions then arises: Who owns the shore road allowance? How close to the lake can I construct? Are all of the existing structures in compliance or are they legally non-conforming? Location is more than the distance to travel. How close is the nearest town, grocery store, hardware store or marina?

Finding the right location

Some have even dreamed of their own private island. That’s quite the location to yearn for, but it also raises questions about electricity, water, access and marina proximity. What if your boat breaks down or there is bad weather? An island is a marvellous thing, surrounded by water with all the wonders of the summer cottage at your fingertips… boating, swimming, fishing. So, the location and legal issues to get it are extremely important.

Finding the right location is a complex question. First, it’s an emotional decision as to the where, and then the objective decision of the how. Location is tied into the need to find the right lawyer and real estate broker, to guide you through the issues before you make that final decision. The best advice I can give you is to ensure that you have a lawyer familiar with the type of cottage you want to buy, and to have that lawyer review the offer before it is finalised. By doing so, you should avoid the pitfalls of choosing the wrong location.

Location, location, location is a key rule of thumb in real estate. When it comes to buying a recreation property, other important factors are – take your time, explore, research and make an informed decision. Then prepare to enjoy the greatest experience of your life – a family cottage.

About Author

Jayson Schwarz

Jayson Schwarz LL.M is a Toronto real estate lawyer and partner in the law firm Schwarz Law Partners LLP. Visit the website at schwarzlaw.ca or email your questions about real estate to info@schwarzlaw.ca

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