Ontario Tax Sale Property Forum
Tax Sale Forum => Questions and Answers => Topic started by: Dave2 on June 18, 2012, 03:37:32 PM
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You have a recreational property on which you do not want to put a dwelling and by one corner of the boundary of which is by a year round road which just touches the corner of the property.
At the corner of your property the existing road makes a right angle turn away from your property (shape is like an "L" and your property is at the heal of the "L" and an unopened road allowance continues to border your property. The road allowance follows your property for about 300 feet frontage and then deads ends at a natural severance. (e.g. a navigatable water way).
Thus the only two people who can use the unopened road allowance are you and your neighbour across the road.
How do you get your private entranceway without paying the costs of upgrading the road to township standards (mucho dollars)???
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Dave2, as far as I know, anyone is allowed to use, at their own risk, any unopened road allowance, and you would be able to drive onto your property from that road allowance, but then so would anyone else, if you had no gate. They would also be able to access the waterway, and I don't know if you can cut off access to a navigable waterway, but you can apply to purchase the unopened road allowance; the municipality would publish notice of such, asking the public to make known their objections, and if there are none, you get to buy it if the municipal council agrees. The best approach would be to join with your neighbour, buy it jointly, and deed each other a ROW on that jointly owned parcel of land.
You're right on the mucho $$$, if you want the road improved, you have to pay the cost to do it to the very back corner of your property.
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I've been told by one municipality that if you even cut one twig off of a tree from an unopened road allowance, or drive on it that you'll be charged with trespassing (they don't want liability issues). Although there was an option to buy part of the road allowance but that was mucho $$$ for sure. Made me walk away from bidding on a pretty nice property otherwise.
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Be careful of who you talk to and what you say when making inquiries. You know the routine Dave2 - many municipal councils still have the small town mentality and if the wrong neighbour gets the wrong impression of what you are trying to accomplish he may throw his weight around and they may shut the door on you.
I've been there. One minute the they were going to sell the unopened road allowance and the next day they initiated a Stop Up and Close Order and essentially denied access to everyone during their next council meeting. There really is know protocol in place so you have to tread lightly sometimes.
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Although there was an option to buy part of the road allowance but that was mucho $$$ for sure. Made me walk away from bidding on a pretty nice property otherwise.
Speed:
You have been a serious player here for awhile. My perspective is that road allowance buying maybe cheaper then you think although it takes a lot of time and is a pain in the neck to implement.
I just wish I had the luck of this guy 8) to have reasonable municipalities to deal with LOL
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Dave
With my experinces I say push a road in between the pegs,quickly,one saturday if poss... do not add or remove any fill, including stumps. Leave as many big trees as possible, driveway can be straightened and aggregate added in future years. play stupid and ask for forgiveness.
Doug
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ps go to registry office and confirm it is still a road allowance...
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Dave
With my experinces I say push a road in between the pegs,quickly,one saturday if poss... do not add or remove any fill, including stumps. Leave as many big trees as possible, driveway can be straightened and aggregate added in future years. play stupid and ask for forgiveness. Doug
Doug:
In Haliburton county I will accept your strategy. In the Kawarthas I give it a week before they stomp on you.
Of course if you paint the local township insignia on your truck, you can get away with anything. Alternatively stick with islands with no road allowances or rights of way.
Dave
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what do you guys think about purchasing the Shore Road Allowance that is ussually not owned when buying a waterfront home/cottage?
Any real benefit to doing so?
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Major benefit! Shore road allowance in places like Muskoka is very inexpensive but I do not recall the exact amount. You also get a bill for the municipalities lawyer and the cost of the newspaper ad - all in, you are probably spending about 4k. The most significant thing for a purchaser is the fact that the public cannot wander along the shore in front of your cottage or home, which is a significant factor when you go to sell. Sometimes the additional land can make the difference between a traditional leaching bed and a big bucks class 6 system. The most recent one I did was very important to the purchasers because it allowed them to build closer to the water. Do it now or the next thing you know you will have an aboriginal mouth to feed. Realtors like the fact that they can advertise a larger parcel that truly is waterfront. What's not to like? I say do it while you can, but I respect that others May feel that the cost cannot be justified. Oh, and you need consent from the neighbors on either side, but the municipality supplies the form as part of the package.