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Unopened road allowance as a driveway, or right-of-way, or access road
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Topic: Unopened road allowance as a driveway, or right-of-way, or access road (Read 22050 times)
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sunshine2012
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Posts: 2
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Unopened road allowance as a driveway, or right-of-way, or access road
«
on:
January 19, 2013, 03:03:58 PM »
Hi everybody,
I'm new in this business.
I got my first tax sale property (210 Hood) and now I wont to sell it to pay my school.
Property is on unopened road allowance. It is 100 feet from the asphalt road.
My question is is it worth (money wise) and what is less expensive and faster:
1.certificate of permission to use it as a driveway
2.as access road
3.right-of-way
4.open the road allowance
5. don't bother sell it like that
Thanks
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ErnestBidder
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Posts: 240
Karma: 18
Re: Unopened road allowance as a driveway, or right-of-way, or access road
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Reply #1 on:
January 20, 2013, 03:54:31 PM »
Not sure what you're asking: are you saying that 210 hood is an unopened road allowance, or is ON an unopened road allowance? If it has a municipal address, I don't see how it could be on an unopened road allowance, and Hood road (Muskoka, right?) appears to be a proper road. What are the property dimensions and how is it situated relative to Hood road and Muskoka Road 10? Sorry, but did not see the original tax sale notice.
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sunshine2012
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Posts: 2
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Re: Unopened road allowance as a driveway, or right-of-way, or access road
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Reply #2 on:
January 20, 2013, 10:03:59 PM »
210 Hood is ON an unopened road allowance.
Property frontage is ON an unopened road allowance, that leads to asphalt road.
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ErnestBidder
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Posts: 240
Karma: 18
Re: Unopened road allowance as a driveway, or right-of-way, or access road
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Reply #3 on:
January 21, 2013, 03:06:43 AM »
Hood Rd runs NE from a corner of Westpoint Sands Rd, then turns south; there are roads connected to Hood road, and 4 or 5 cottages or residences on Hood road, so Hood is either an open road allowance, or a privately owned road, maintained by the property owners. If such is the case, you should be able to sell your lot as a building lot, unless there are municipal restrictions on further building. I've never heard of a certificate of permission, but 2, 3, & 4 are costly, to varying degrees, so #5 seems the best option.
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worldjohn
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Posts: 180
Karma: 6
Re: Unopened road allowance as a driveway, or right-of-way, or access road
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Reply #4 on:
January 26, 2013, 10:31:32 PM »
Yeah I dont understand how it can have an address if its not on the road. But its only a hundred feet. personally, I would just try and sell it but if I didnt by springtime then I would get my chainsaw, rent a tractor for a day and ram though a driveway over this road allowance. If the townships says anything I would "oops I didnt know". What r they going to do, make you replant trees? Having a driveway in, increases the value. This could be bad advice, but its just the rebel in me I guess.
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DRD
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Posts: 172
Karma: 12
Re: Unopened road allowance as a driveway, or right-of-way, or access road
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Reply #5 on:
January 26, 2013, 11:31:19 PM »
I second worljohn except try to manover around any large trees, and if a big one has to go, get rid of it and say diseased or fallen.
Doug
ps cut clear and install driveway all in same day, sunday of a long weekend usually best. Nobody answers phones or deals with it till next business day. Then it is play stupid and be real sorry
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DRD
Platinum
Posts: 172
Karma: 12
Re: Unopened road allowance as a driveway, or right-of-way, or access road
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Reply #6 on:
January 26, 2013, 11:37:43 PM »
Also check title of property, I put a quad trail through what the town told me was public property only to find out it had been purchased...not the best way to meet your neighbors
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Dave2
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Posts: 1340
Karma: 67
Re: Unopened road allowance as a driveway, or right-of-way, or access road
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Reply #7 on:
January 27, 2013, 07:16:33 AM »
I think the reason for the confusion is there are some inconsistencies in information compared to common practice in other municipalities. That is why it is difficult to give you a proper precise answer without a lot of additional information. Starting from the beginning and using normal practice in my local county; Northumberland.
a) If permitted by zoning the most value for land is usually obtained if you can
put a residence on it.
b) A municipal address is not normally given until you have a building permit.
c) Building permits are not given for properties on unopened road allowances
or private roads.
d) Locally you need permission of council to open a road allowance.
e) I am not familiar with the term "certificate of permission" but it may be a local device to prevent unauthorized opening of road allowances or connecting to a road with an entranceway (Locally they are called field entrances).
f) Historically you could do as others have suggested but be careful you do not risk your chances of a building permit. In Northumberland they will swat you hard if you try as has been suggested although further north historically you could get away with it. In a few local ones either the municipality or the landowner has taken the issue to court.
Part of the answers to your question maybe in what is phsically there. Have you been to the site and seen what shape is Hood road in. Eg. Is it ploughed in winter and by who?
You also have to decide if your best strategy if it looks messy is to blow it out at an attractive price and let someone else worry about it.
«
Last Edit: February 14, 2013, 12:54:08 PM by Dave2
»
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Frank
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Posts: 917
Karma: 162
Re: Unopened road allowance as a driveway, or right-of-way, or access road
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Reply #8 on:
January 28, 2013, 03:34:26 AM »
I'm not sure what is going on here...this is not a checkerboard situation. The only way that lot would have an address on Hood Road was if it was considered part of a condominium. In this case there is one road built into the project and houses are on it, and unfortunately that is not your road. A year earlier the Municipality sold off the lot next door to you, or at least offered it for sale, you may want to talk to them as they have an assessed value of three times what you paid....that looked like a previous tax sale that no one bid on and the Municipality took the property then went to sale on it as a surplus municipal property.
Chances are if you and the other property owners can get together and kick in a few bucks each...enough to build the road then it will be a buildable lot. I would first talk to the town and find out the history of the property, then I would contact all of the other affected property owners to see if there is a possibility of working together on this. I wouldn't think that the town standards would be too stringent on this as there is no infrastructure to be provided. You might find that all the plans are in place, just needs some financing. Don't expect the town to build it, this will take a joint effort, and someone needs to lead the effort.
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Unopened road allowance as a driveway, or right-of-way, or access road