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19 comments

Comment from: maja [Visitor]  
maja

what about water access without ownership when a hiway seperates your property from the lake. If there was a dock there already, why can’t I use it?

Note from Jody: Generally you can use the dock, best to check with your township and MNR, to be absolutely certain about any local by-laws.

01/26/11 @ 17:17
Comment from: Kevin [Visitor]  
Kevin

What is the easiest way (on my computer) to find out who owns the mineral rights to my property? I own 3 lots(133 acres) in northern ontario and I think the mineral rights holder has let his ownership lapse because he has not spent any required time on the lots in the past 5 years! I would like to take any necessary steps to purchase the mineral rights. How do I find out who the holder is?,and how do I formally purchase these rights?

Kevin, search claimaps, answers can be found through MNDM for mining rights.pin

02/16/12 @ 13:26
Comment from: Andrew [Visitor]  
Andrew

What happens when the gov. re-assess the riparian zone (say lake Huron water levels drop and expose 20m of new beach), where does the ownership of this “new land” lie? I would think it would go to those who own the land directly adjacent to the “new land"? Any information would be appreciated.

Hi Andrew: Andrew, you’re correct under the right circumstances although there is no reason for the gov’t to do anything for this to happen. Jody

07/24/12 @ 19:55
Comment from: Mark Landry [Visitor]  
Mark Landry

I am considering purchasing a parcel of waterfront property. Years ago, there was a dam built at the end of the lake. 9 acres of deeded property was lost underwater as a result. The current owner claims that he’s allowed to do any work such as removal of some rocks on the shore and to some extent in the water since his property line is in the water. Is this true?

Mark, you could be right but not if there were flooding rights on the lake.
And everyone else who reads this 3 year old post but still has unanswered questions, many of them are easily answered; by your local surveyor.
Gord

08/31/12 @ 08:30
Comment from: Gord [Visitor]  
Gord

Mark, you could be right but not if there were flooding rights on the lake.
And everyone else who reads this 3 year old post but still has unanswered questions, many of them are easily answered; by your local surveyor.
Gord

Note from Jody: Great advice, Gord. I have to tell you, I have answered this question, privately. I have heard of property where the survey line is now out in the middle of the lake. In that case, the owners were told they didn’t own the water, but owned the land under it.

09/19/12 @ 15:12
Comment from: dale foster [Visitor]
dale foster

what year did this 66ft distance come into law?

Hi Dale: This dates back to the original survey of the province, by the colonial government, in the 1800s.

Jody

04/18/13 @ 12:15
Comment from: Gina [Visitor]  
Gina

Question…I have a friend who bought a parcel of land 5 yrs ago. He has recently been evicted from it given 2 months to remove his house and shed he build because land owner found out that he wasn’t able to severe it with the bank. He has purchase receipt and receipts showing he paid property taxes for past 5 yrs…..What are his rights

Gina… this is one for the lawyers, for sure!

05/02/13 @ 20:26
Comment from: leo [Visitor]
leo

I have purchased a waterfront property in northern Ontario (Kirkland area), which the water front itself extends past my lot and goes in front of two other peoples properties to my right and extends in front of another one to my left. can I stop them from continuously crossing over my property, setting fire pits, tents or placing waterlines across.

Hi Leo: my kneejerk response is that you would have to gate it off. I think you’d be best to speak to your lawyer about this one, too!

05/08/13 @ 19:27
Comment from: d baril [Visitor]  
d baril

We own the waterfront of our neighbours cottage there is no shoreline reserve they harrass and use this property we pay mortgsge and taxes for had to be bought as parcel to acquire our waterfront they won’t buy from us what can we do to keep them off this property plus their waterlines its large 80 x 75 feet

Note from Jody:

You would have to gate it off. Talk to you lawyer about their waterline… a lot of it will have to do with how long it’s been there.

06/03/13 @ 09:22
Comment from: Theresa Parish-Donald [Visitor]  
Theresa Parish-Donald

My husband and myself purchased a home on lake simcoe and were told by both our realtor and selling realtor that we had “deeded beach rights"? On closing day we found out that we indeed did not. Our lawyer told us that had to be written in our agreement (we did not know this). There is a walkway that neighbours use and we use however we do not have deeded beach rights? Or do we? If we decide to sell can we sell with deeded beach rights the same that the listing agent did? And is our home worth more money with/without the deeded beach rights?

Theresa…. how awful. Yes, of course a property with deeded beach rights is worth more than one without… I think you need to speak to your lawyer. Without knowing all of the details, it’s difficult to comment, but it sounds like misrepresentation on the part of the Sellers and also… negligence on the part of your realtor. & YOU MUST DISCLOSE the fact that there are not deeded beach rights, should you decide to sell… unless, of course, you somehow secure rights in the meantime.

07/07/13 @ 14:24
Comment from: jim [Visitor]
jim

I recently purchased 5 acres in niagara region it was declared as partial wetlands and borders a manmade lake on west side owned by nieghbour.I have recieved a letter from mnr ontario staing that it is not wetlands because I questioned my first land assessment so I am fine with that.I want to knoe what my rights are regarding the lake on my west side my property starts about 3ft away from the lake and merges into it part way along the shore line my neighbour has decided to build up beside us with fill changing the gradient of his property towards the lake and us and he intends to fill the lake beside us so as he says he can access his llake without being on our land.Can he do this?Where my land toucheds the lake do I have any rights to the water or the lake.

Jim, you need to go speak to the municipality. Find out if there has been any study done on the potential risk of his plan and also, if he’s gotten permits. You might be wise to speak to a lawyer!

09/27/13 @ 17:41
Comment from: Scott Peterson [Visitor]
Scott Peterson

My wife and I are considering purchasing property in E-NE Ontario in the near future. Is it possible to buy acreage and clear area to build a farm using the existing timber, minerals (stone for walls and the like mainly but I wouldn’t toss a shiny nugget out if I found it.) and use of the water on or under the land?
Does the Crown reserve the right to deed or sell rights to land I purchase or is it possible to secure all of the land use rights with the purchase?

Hi Scott, every township has different rules and regulations. A lawyer can advise you on whether or not the mineral and timber rights are owned by someone else or if they’re included in your bundle of rights.

10/08/13 @ 02:23
Comment from: seymour [Visitor]  
seymour

Looking to buy a piece of property in Northern Ontario. There is a
“Transfer of Flooding Rights” registered on the title. What does this mean.

Hi Seymour, that’s a new one on me! Time to call a lawyer!!

07/13/14 @ 12:04
Comment from: Bill Weiss [Visitor]
Bill Weiss

25 years ago I provided deeded right of way across my land to neighbouring land locked summer cottages (3).
It was with the understanding the cottages would be summer use only and they are zoned Limited Service Residential. Two of the cottages have since changed ownership and they want year round access (I do not plow the l/2 km. laneway leading to the cottages in the winter.) Can I be forced to allow them winter access
other than by snowmobile? I am of the opinion they are not allowed to disturb any surface materials, which should include snow. Thanks for your response.

Hi Bill… have you given deeded access to these cottagers? If so, that may pose somewhat of an issue. Many landowners limit access by installing a locked gate but giving specific people a key. This means that they can’t gain unlimited access by virtue of continued use of the property. I don’t believe that you can be forced to provide year round access to these people, nor should you be responsible for snow removal! Of course, a lawyer will be able to give you the best advice, but I think that you need to consider a gate.

09/18/14 @ 08:46
Comment from: Kevin [Visitor]
Kevin

Hi Jody

I own a small Island (cottage) property in ontario.

In the fall lots of cottagers from the mainland tow their docks over to the protected side of my island and tie them up for the winter.
They do not ask for permission, nor do they normally leave any indication as to who they are.

This year one group of mystery docks has a sign on it advertising winter storage of docks.
I think its pretty nervy of someone to take money from a cottager for storing their dock and then store it on my property without my permission.

It has been mentioned to me that these people may have a right to store their docks on my property because of the 66 foot road allowance, so they are not actually encroaching on my property.

What rights have I with respect to people storing their docks on my island property?

I very much look forward to your
reply.

thanks,
Kevin

11/03/14 @ 10:24
Comment from: Jody [Member]  
Jody

Hi Kevin…

Wow. I think it’s pretty nervy, too!

You need to contact your lawyer to find out if there is a shore/road allowance in effect at your property… and get some advice. I would also check with the local municipal office to find out if this sort of enterprise is permitted at the site.

It doesn’t sound kosher to me.

11/10/14 @ 11:39
Comment from: Jay Evans [Visitor]
Jay Evans

We have owned 300 acres south of Thunder Bay for 22 years. When first bought, our lawyers realized we didn’t have mineral/surface rights(our property is surveyed as a mining location) and we went through the process of obtaini ownership. We now find ourselves wanting to cut timber on our property and are being told by the MNR that we don’t have timber rights to our 300 acres. Shouldn’t our lawyers have noticed this at our time of purchase? There is talk that we are deemed a ‘nature reserve’ but we have never been told that as the owners of this property. Of course this is happening just before the holidays & the MNR is off until Jan 3, so the person we should contact is on holidays. We are livid that we have been told we don’t own our trees. Thank you for your time & our venue, Jen Evans

12/22/14 @ 21:13
Comment from: Jody [Member]  
Jody

Hi Jay & Jen:

Unfortunately, 22 years ago the regulations surrounding the purchase and sale of property were very different and lawyers seldom conducted searches that included mineral/surface/mining/timber and other special rights… also, even if you have mining rights, I understand that you have to stake the claim and work the claim according to regulation, in order to keep it current. You would have to obtain a prospecting license in order to do this. In addition- If you are hearing rumblings that this property could be turned into a “nature reserve", you need to get some legal advice!

01/04/15 @ 16:26
Comment from: Tina [Visitor]  
Tina

We bought property 5 years ago hrs to our closing our lawyer told us that the property we are buying with a house on it for 14 years has mineral rights to it what does this mean and can I get it lifted we were pretty much sitting in driveway with u hauls full

02/15/15 @ 18:43