In Part 1 of Everything you need to know about buying a cottage in the June 18 issue of Condo Life, we looked at a host of issues and considerations that make the planning and buying of a recreational property different from that of a typical residential purchase. In Part 2, we will look at a very important issue relating to waterfront properties in cottage country: Do you own that shoreline? And if not, how do you get it?

While many recreational properties are fronted by water, and may be marketed as such, it’s entirely possible the beautiful stretch of shoreline before you does not form part of your titled property. It is not a matter of use, access or anything except the way registration was effected. It’s a common situation, and many people have no idea they don’t own their beach or rock shore.

Compounding implications

In Ontario, in the late 19th century, the original town surveyors for many townships left shore road allowances along the rivers and lakes to allow for logging and transport of commercial goods. These were originally 66 ft. wide, but their current width outside the water may differ greatly, based on the actual shifts in shorelines over time, varying from the original surveys. These shore road allowances may be owned by a municipality or comprise provincial Crown land.

The implications of the road allowance falling outside the property boundaries are several, and compounding. For one, as the owner of a shoreline, you are entitled to certain use rights of the water, including access to the water, known as riparian rights. When it comes to the waterbeds of all navigable lakes and river systems, absent an explicit grant otherwise, you don’t own the waterbed itself, the Crown does. While the specifics of these use rights may vary and are worth examining to determine what, if any, additional restrictions may be presented by existing laws, indigenous treaty rights or conservation authority regulations, without ownership of that shoreline, you don’t or won’t have those riparian rights, you will have only the same access to the water and shoreline that the general public enjoys. Aside from any limits a lack of a private shoreline may cause in the intended enjoyment of the waterfront, this public access may also present privacy concerns.

Legal boundaries

Structures, including existing ones, may have also fallen outside the legal boundaries of the property. Determining whether a cottage, other structure, or a proposed building site, is located entirely or partially within the shore road allowance limits is critical before buying a property. Or, in the case of a property you already own, planning any further building, as that building may be illegal and vulnerable to demands for removal.

A cottage owner or prospective purchaser needs to consider what can be done if that dock or boathouse, or possibly even part or all of the main cottage, encroaches on an unowned shoreline road allowance.

The next question is: How can you acquire ownership of, or secure access to, an unowned shoreline road allowance.

There are a few possible courses of action, but none are guaranteed. This could include purchasing the shore road allowance. The rules around offering to purchase will vary depending on whether it’s from the province or a municipality, as municipalities each have their own processes. Licensing use from the municipality may be another option.

Assessing options and risk

But how can you tell? First, ensure that there is a clause in the offer guaranteeing ownership of the shore road allowance, or make it a term that same may be purchased from the municipality or the province as applicable, or even that the deal is conditional on obtaining same. Ensure that a survey laying out the shore road allowance is part of the documents you receive from the vendor. Work out who pays for what with your agent.

A good rule is to do the research. Visit the local municipality and speak to its planning department and ask the position of the town on the sale of shore road allowances for the lake your cottage is on. Working with experienced lawyers and surveyors to plan future use and purchases, or to address an issue that has come to light, is crucial in assessing your options and risk.