When this question comes up, do you know the answer? Does your out-of-area agent know?
First of all, what is a shoreline road allowance (SRA)? Well, in the late 19th century, the Crown instructed their surveyors to lay out 66-foot road allowances along the banks of lakes and rivers in Ontario. These road allowances were used for logging and transportation of goods. Today, there is very little use, if at all, commercially, for road allowances. Since road allowances were no longer of interest to the general public for commercial uses, the Crown turned over the road allowances to the individual municipality in which the lakes were located. This leaves the road allowances being owned publicly.
Who Can Purchase the SRA?
Over the years, individual landowners were offered the opportunity to purchase the SRA from the municipality for exclusive use. Having ownership of the SRA would mean there would be fewer restrictions the seller would have on usage and building. Many did purchase the SRA, but many did not. Municipalities would not enforce rules in the past, so many cottages, boathouses and docks were built on these SRA’s. In today’s tighter enforcement and environmental protection, problems can arise with current and future usage if the SRA is not owned. That said, “riparian rights” does say you could build a dock on the SRA, for example, and enjoy it without any problems with the proper permits.
For property owners whose existing access and use of the shoreline are not dependent on the SRA, there may be less need to purchase it. As long as they have secured riparian rights—the legal rights of property owners whose land abuts a body of water—they can often continue using the shoreline without owning the SRA. In these cases, the property owner may decide the costs and hassle of purchasing the SRA outweigh the benefits.
Rules Vary
The rules and processes around SRAs can vary considerably between different municipalities. Some have limited the number of SRAs they’ll sell yearly, while others are more open to property owners purchasing them. It’s essential for anyone interested in an SRA adjacent to their property to research the specific policies and procedures in their local area.
However, this nuanced understanding of SRAs is not always known by all real estate agents, especially out-of-town agents. SRA is not part of the city business. Many may be unaware of the varied municipal regulations. The options for purchasing the SRA. Or the implications of riparian rights versus owning the SRA. This lack of comprehensive knowledge can lead to misinformation or oversight regarding properties with shoreline road allowances.
Investigate
Property buyers and sellers should carefully investigate the status and ownership of any SRA associated with a lakefront or riverfront property rather than rely solely on the advice of their real estate agent. Consulting with the local municipal planning department or a real estate lawyer specializing in waterfront properties can help ensure all the relevant details around the SRA are understood before proceeding with a transaction.
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If you are looking to either Buy or Sell, contact me at 705-927-6236
Brad Sinclair, Sales Representative
Team Lead at The Brad Sinclair Team
Royal Heritage Realty
