Why you need a survey if you are buying a country home

The sun glistens like a million diamonds, the July sky is filled with fluffy clouds and water-skiers cut a frothy wake on the blue lake water. Cottage life at its best. But how do you get there without all of the hidden dangers that exist in buying your dream? Buying a cottage or country home is different in many ways from buying a house or a condo in the city. There are different kinds of ownership and more importantly, there is a huge difference in title and things that need to be checked in cottage country. This article will focus on one part of buying a simple freehold cottage or home somewhere in Ontario on a lake.

If you have identified a cottage you want, and the agent has done up the Agreement of Purchase and Sale (the “Offer”) and you are ready to sign . . . WAIT!!!!!!!

The first question to be asked before you sign anything is whether there is a current survey, an existing survey or if the vendor should supply one. This is a must when buying outside the city. The reason is that cottage and country lots are often irregular and may have uncertain boundaries. Theymay have easements, shore road allowances and road allowances running through them. The cottage may have been built too close to the water or a lot line or maybe access is only available through a neighbour’s property. All of these things can lead to danger, disappointment or disaster. We recommend to all of our clients that if a survey is not available and the vendor doesn’t cooperate, then the purchaser must have the right to have a survey done at his or her expense and has a right to terminate the transaction if the survey discloses a matter that, in the purchaser’s unfettered discretion, detracts from their enjoyment of the property.

The survey will disclose many of the matters that can be of concern. As an example, a friend recently purchased a cottage and in the heat of the moment, waived the survey clause, but still had the right to do one. His survey disclosed that a ‘Road Allowance’ cut through the middle of the property and in fact, bisected the original cottage built in 1932. A Road Allowance is a 66-ft.-wide strip that generally runs from a township road through private property to the lake and, if needed, could be developed by the local municipality to provide access for the public to the lake.

In this case, there were two problems, the first being the possibility of having a road someday being built, and the second that my friend did not own the whole building and could not fix it up. In this case, having a good lawyer and an understanding municipality paid off and the township offered to lease the area around the building for 99 years.

Almost every lake in Ontario has a deeded parcel that belongs to the local municipality running along the shoreline. This is called the ‘Shore Road Allowance’. Many years ago, this was put into place to allow public access to the water for roads, lumbering and public use of all kinds. As development has evolved and private individuals have acquired and built on the property abutting the Shore Road Allowance, it has become the practice of the municipalities to sell the Shore Road Allowance to the adjacent owner. The survey will demonstrate where it is and who owns it.

The next issue is to establish the boundary lines. Cottage properties are often ill defined, and if you have plans to demolish, rebuild, remodel, add or subtract buildings on the land you are buying, this is critical. Quite often, access is an issue either for you to get into your home because it may be on a private road (who owns it?) or others may have the right to drive over your property, which can be quite disturbing.

So there it is! The first thing to consider, GET THAT SURVEY! It is not something to be overlooked.

Buying a cottage or country home should be an enjoyable experience. Please find a lawyer who understands rural property and get good legal advice BEFORE you firm up that offer.

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