Latest Comments

Barb

In response to: Ghost Towns Around Bancroft & Barry's Bay

Barb [Visitor]

So interesting, history is so alive, so important.
Have you ever come across any info on an old settlement called Harburn in Haliburton County, abandoned in 1930’s or so (I think). All trace is gone now, but as a kid we explored this area off the Harburn Road and some homes were still standing. It is all grown over now. We heard something happened and people left quickly leaving everything behind. A mystery?

 Permalink 10/02/18 @ 18:31
Tom

In response to: PROPERTY RIGHTS- what every Buyer should know

Tom [Visitor]

Jody, We have a 4 acre property in Muskoka at the end of a municipal road. There is deeded access for a number of cottages on the point that runs across our land. Our question is, if an owner of a cottage on the point severs a lot from their land, does the new owner of the severed lot automatically get deeded access?

The road is getting extremely busy with many people speeding by our cottage putting children at risk. We don’t want to see this number increase to an unlimited numbers of cars.

Hi Tom,
As always, it’s important for me to point out that I am not a lawyer and your question is legal in nature and you should consult a legal expert. That said, I can provide my perspective on the matter- from my experience as a Realtor.

If I understand your question, it sounds like your property bears the burden of providing parking space to others who do not have the benefit of road access to their own properties. By virtue of the fact that these rights-of-way appear on your deed (and probably theirs), I have to assume that this arrangement was likely part of an original plan of subdivision, or possibly a series of agreements made by an earlier owner of the property.

If you look on your deed it should legally describe your lot and concession and part number and say something like “subject to a right-of-way “ or “rights of way” (or similar language) and list the lots that benefit.

You can’t be forced to give anyone else the right to use your property- except the government, of course. Similarly, nobody else can give nearby property owners the right to use your land.
It would be interesting to see the deeds. In some cases, plans of subdivision included descriptions of such rights-of-way but these were not recorded in the legal descriptions of the properties receiving the benefit.

Regardless, I do not believe that there can be any expectation placed on you to provide space on your property for the use of owners of lots created subsequent to your ownership of the property. Once severed, those parcels of land would have differing legal descriptions and there would not be any agreement in place for those lots.

Have you put signs up along the road asking people to “go slow & watch for children & wildlife"? I see them all the time, in my travels. Even homemade versions seem to be quite effective.

I hope this is of some help to you.

Jody

 Permalink 09/24/18 @ 21:24
Joe freitas

In response to: PROPERTY RIGHTS- what every Buyer should know

Joe freitas [Visitor]

Hi. My neighbour places a duck marking his water line in front of my shore line. When I asked him to place it in front of his cottage he said he could place his water line where ever he wishes because no one owns the water. Is this true and if so what could I do to not have his duck interfer with my enjoyment of the water?

Hey Joe,

Take a look at your survey. In many instances, the water has risen and the original shoreline is out from shore and, in some cases, the ground that is under the water is owned as part of the property.
Let’s hope this is the case for you.

Jody

 Permalink 09/16/18 @ 08:53
Matty

In response to: Ghost Towns Around Bancroft & Barry's Bay

Matty [Visitor]

Thanks for the read. I’ve been into reading up on these ghost towns in Ontario since my early 20’s. After reading the family tree,I found my Moms side came from the bancroft/maynooth areas. William McCormack landed there from Scottland in 1806. We know nothing of the family before he settled in Canada. Love reading about northern towns and ghost towns, as we camp in the St. Ola area, and hunt in the Gunter area.

Thanks again for the read. Was very interesting, and I will be looking for some of the towns I haven’t found yet in this list.

Cheers

Matty

 Permalink 09/10/18 @ 19:16
Matty Bourgoin

In response to: Ghost Towns Around Bancroft & Barry's Bay

Matty Bourgoin [Visitor]

This is a great read! I. Always in the north country looking for towns and such. Love reading about the history in the northern ghost towns as my Mothers side of the family came from Bancroft/Maynooth area. William McCormack landed in Bancroft area to settle when he came from Scotland in 1806. We know nothing of the family before he arrived in Canada. But some of these towns came up in the family tree. And since I read the family tree at around the age of 22, I’ve loved reading the history of these towns.

Thanks for the great read.
Cheers

Matty

 Permalink 09/10/18 @ 19:08
celana renang anak laki

In response to: 30 Days of Truth (Day 21)

celana renang anak laki [Visitor]

go to hospital?

.

 Permalink 08/27/18 @ 03:28
Jay Ricard

In response to: Kamaniskeg Lake

Jay Ricard [Visitor]

I am looking for the possible area that my dad used to go to every year to hunt and fish. He was a career soldier and used to go every year to ‘Barry’s Bay Cabins’ with some army buddies during the early to mid 1950’s . He had a Springer Spaniel trained in hunting and one year, he left the dog with the owner of the cabins, thinking the dog would be happier there than in a house in the city of Windsor. Being only an 8 or 9 year old at the time, I don’t know any other names of lakes nearby or roads or anything, just that dad went hunting at Barry’s Bay. Did you know of any ‘retired/returning WW2 ‘ guys that hunted and fished there? A few years ago, I emailed someone else about this, and am wondering if you were the one..lol Thanks for any clue you can give me.

Hi Jay,

It is difficult to say, but it could have been Bevaline Cottages & Camping, it could have been Pleasure Point. There’s Barry’s Bay Cottages on Carson Lake… and when you start getting outside of the town, there’s a lot of places- for instance Spectacle Lake Lodge which was formerly Scotty’s Lodge which opened in the 40’s and catered to sportsmen for hunting & fishing. Fabian’s family got quite friendly with a fellow by the name of Bob Reid many years ago. Bob and his friends (one was possibly known as Richter) had served in the military during WW2 and they had hunted in the area since the 50s.

Jody
Perhaps someone will recognize the picture you sent, I’ve inserted it above.

 Permalink 08/26/18 @ 11:44
gaya renang

In response to: 30 Days of Truth (Day 21)

gaya renang [Visitor]

street sign is important

 Permalink 08/25/18 @ 02:53
Manfaat Olahraga Renang

In response to: 30 Days of Truth (Day 21)

Manfaat Olahraga Renang [Visitor]

wooww

 Permalink 08/24/18 @ 03:22
Brenda Reeves

In response to: Maynooth History 101

Brenda Reeves [Visitor]

This was a very interesting blog. I am interested in learning if anyone knows the Reeves Family? My GG Grandfather is from Monooth.

Hi Brenda, There’s a great group on Facebook if you are on the site. I will email you the info. meantime, this might be of interest:

 Permalink 08/23/18 @ 21:04
Lin Gitterman

In response to: PROPERTY RIGHTS- what every Buyer should know

Lin Gitterman [Visitor]

We own on Lake Huron just outside of Tobermory and are continually having people walk across our lot to hike down to Singing Sands. We’ve been to,d that we only up to the high water line on this end of the Peninsula by locals. We don’t want to put up a fence but are unsure of our rights. Any ideas?

Hi Lin,
Beautiful area, it’s lovely around Tobermory. I’m sure it’s frustrating to have people crossing your property, but Singing Sands is quite an attraction and well-advertised… so you can’t blame people for trying to find the beach… and loads of people have the whole shoreline road allowance thing messed up in their minds. If it wasn’t a professional surveyor showing you your property line, it isn’t necessarily true. Do you have a survey of your lot? A contour map showing the high water mark? Never listen to what the “locals” tell you, they may have been mistaken for generations. Call up a professional surveyor- and go ask the nice folks at your local municipal office- especially before you erect anything near a body of water. Jody

 Permalink 08/23/18 @ 20:55
felixmateer

In response to: 30 Days of Truth (Day 29)

felixmateer [Visitor]

good article

 Permalink 08/21/18 @ 02:42
Robert Lee

In response to: PROPERTY RIGHTS- what every Buyer should know

Robert Lee [Visitor]

My wife received a parcel of land containing an old house from her Dad shortly after we got married (Sept 27/1969) for the sum of $1.00 ion July 3rd., 1970 with back taxes owing which we paid. When her Dad died in Sept 1977 the house sat empty for just over 10 years at which time we tore it down using some of the rough lumber to build a small cottage further up the hill to use with our daughters & their spouses & Grandchildren, sorry to be so long winded. The local Township is unorganized (so no bylaws concerning buildings size etc. Our next door neighbor who we knew & allowed access to lake frontage which is across the road from our cottage property had been trying to sell his cottage for a number of years as it only had a lake view was finally able to sell after we agreed to the new owner to have access to the lake (he agreed to buy a new dock to be used for fishing/boating from. This owner has since sold the cottage with a new dock to boat & swim from as advertised in the Real Estate Web site & the present owners have cut a 12 foot swath of trees & shrub to the waters edge so they can use the dock as if they own property to the waters edge. What can we do as my wife’s father had always told us we owned across the road to the waters edge

 Permalink 08/20/18 @ 14:32
Donna

In response to: PROPERTY RIGHTS- what every Buyer should know

Donna [Visitor]

I own waterfront property along Nottawsaga beach. My neighbours have a shoreline boat lift about 50 feet from the shore line and various rafts and boat float balls for boat docking. These float out in the water and often infront of the water where my family and i swim. These items block my view and use of water in front of my property and beach area. How do i deal with this?
These people often come on to my property and pick out any beach flora growing or complain about trees that are clearly on my property. I consider it harassment. I am in my 70’s. I just want to swim in the water and not stub my feet on sunken anchors, chains and cement blocks which are on the lake bed in front of my property. What can i do? Thank you.

Hi Donna,

I’m sorry to hear that you are feeling harassed. I would start with checking with your local authorities and find out what they permit. Another possibility would be the Nottawasaga Conservation Authority https://www.nvca.on.ca/healthy-waters 705-424-1479.

Best of luck,

Jody

 Permalink 08/10/18 @ 16:59
Colleen

In response to: PROPERTY RIGHTS- what every Buyer should know

Colleen [Visitor]

Bought a home over 20 yrs ago in a leased land community in Ontario., Around 1999/2000 we approach the city to build a garage and they allowed this to happen (gave us permits to do so)now the owner of the land is in the works to sell the property (dividing into 10 one acre lots) it is hard to explain however now I find out our garage and some of the home sits on City property ( road allowance, road allowance is still open). And if he does get the approval my home will be land locked should I at this point retain a lawyer? Or can I fight this on my own. Some home owners here feel they will have to tear their house down if he doesn’t sell them the lot that their home stands on

Hi Colleen: It’s really impossible for me to give you any guidance- especially without seeing your paperwork and a layout of the properties involved in the sale- even then it isn’t my area of expertise… so yes, I would be suggesting that you obtain legal advice. Remember, although you got permits to build the garage, it would have been up to you to make sure you built it in the right place. If you look at the paperwork from when you invested in the lease there is generally a “surrender clause” and in some cases it means that when your lease expires and isn’t renewed, you not only give up the use of the land but you also surrender all improvements (the house/garage/sheds, etc).

 Permalink 07/17/18 @ 08:56
Jody

In response to: PROPERTY RIGHTS- what every Buyer should know

Jody [Member]

Gaetane Godin (gaetane.godin@rogers.com) has sent you this message:
In every response to a question, we find ” you have to c all a lawyer", get a lawyer.
It seems obvious to me that real estate agents or companies must have very close links with lawyers and it stinks. I know that lawyers are often essential but your blog is not that useful!

Hello Gaetane,

I am not going to take offence to your insult about my blog, although it was rude of you to say that it isn’t helpful. Obviously, you are confusing my blog with my answers to questions about particular scenarios.

There are so many potential variables and different interpretations that it is impossible for me to give a professional opinion based on a little information that someone jots down in a brief email. You will find that I often suggest consulting the local municipal government and/or a lawyer.

There is nothing sinister about the relationship between lawyers and realtors. The fact is, I am bound by the Code of Ethics, for both the Canadian Real Estate Association (CREA) and the Real Estate Council of Ontario (RECO), to advise clients to seek the advice of professionals.

https://www.crea.ca/wp-content/uploads/2016/03/The-REALTOR-Code.pdf?v=3#view=FitV (CREA Code of Ethics)

https://www.ontario.ca/laws/regulation/050580 (RECO Code of Ethics)

Kind regards,

Jody

 Permalink 07/16/18 @ 08:04
Deborah Miller

In response to: PROPERTY RIGHTS- what every Buyer should know

Deborah Miller [Visitor]

I have an easement to a beach on southern Lake Huron. Two questions:

1. Can I set up my beach umbrella anywhere on the beach below the high water mark?
2. Where do I go to discover if the lakefront cottage owners own their beach to the water’s edge or only to the high water mark?

 Permalink 07/13/18 @ 14:20
Mike

In response to: PROPERTY RIGHTS- what every Buyer should know

Mike [Visitor]

Hello,
5 years ago I purchased my neighbors waterfront property for an investment. Recently we decided to move across the lake and sell both properties on this side. I found out on closing that because the two properties are registered in the same names they had merged and must now be subdivided. I’ve been reading a lot online for a loophole to this law and keep seen that “Once a consent always a consent". The only way I think that this would apply to me is the fact that our 66 foot shoreline allowances were purchased from the crown from the previous owners. Would this be considered a consent.

Hi Alex… Have you spoken to the municipality? The Ontario Planning Act, under which properties merge, also provides municipal governments with the power to authorize unmerging.

 Permalink 07/10/18 @ 18:48
Rosemary Leonard

In response to: Maynooth History 101

Rosemary Leonard [Visitor]

Hi
I am looking for information on a Rosemary Flynn
from Maynooth. Her father was Francis Flynn.
I am trying to find any family who can help me
in my search as she is my biological mother. I was born January 18, 1953, and put up for adoption. I recently have connected with a third cousin after doing a 23andme DNA test.Wondering who she married and if I have any siblings?
Any help would be appreciated. Thanks

Hi Rosemary: Try the facebook group https://www.facebook.com/groups/592818847591581/, Friends of Maynooth and Hastings Highlands-there are some very good historians there. Jody

 Permalink 06/10/18 @ 00:31
Chris Hornet

In response to: PROPERTY RIGHTS- what every Buyer should know

Chris Hornet [Visitor]

Hi - we have a lakefront property on Georgian Bay and 3 years ago we had a rather expensive dredge done which included opening a passage through an old breakwall to access deeper water. we recently had a new neighbor move next door who seems to feel he is entitled to use our access dredge as he says we do not have rights to the passage even though it is directly in front of our house and we paid to have it done and for him to access it he must cut to the far side of our property with his boat. Does he have the right to use our channel?
Thanks

Hi Chris,

I sure hope you got permission to dredge, otherwise there could be an equally expensive fine.

In a lot of cases, waterways have 66′ shore allowances that are basically a strip of land around the banks of the lake or river. This means that many property owners do not own the land at the shore. For decades, property owners used the shore allowance for docks, boathouses, breakwalls and, in some cases, their cottage. Cottage owners can find out, through a simple title search whether or not they own the shore allowance and in some cases, it can be purchased from the municipality.

You may already own your shore allowance… and in some cases, the topography has changed since the original surveying set out in the mid-1800s and the shore allowance may be under water. Even if you own the shore allowance, you can’t own the water that covers it. The water belongs to the Crown and this means that you can’t stop someone from traveling over top of your property in a boat.

The way I see it, you can’t really prevent anybody from using the water in front of your property and it’s going to become unpleasant if you are combative with your neighbour about it. Of course, I’m not a lawyer and you should get legal advice.

 Permalink 06/08/18 @ 22:33
Jaime Parnell Smith

In response to: My Family Tree

Jaime Parnell Smith [Visitor]

Not sure if this thread is still active. This is amazing! I am looking for the connection between either Parnell/Godsil or Barrow/Godsil.

If you have any place to point me that would be great.

Thanks!

 Permalink 06/07/18 @ 09:20
Donald Smith

In response to: Encroachments

Donald Smith [Visitor]

I have two bell poles encroaching in my property with hydro and Rogers on them as well they are paying rent to bell . Bell making money off my land

 Permalink 06/06/18 @ 19:22
Crystal

In response to: Ghost Towns Around Bancroft & Barry's Bay

Crystal [Visitor]

Is there any info on Baylake rd in Bancroft. When the basement was dug in one of our homes in the 80’s (the home was built in 1902) there where 5 graves dug up… 1 infant and 4 children. They are still there just burried deeper. I wonder why? I find it odd that there where 5 graves and all belonged to children.
There’s a lot of negative energy on the property, people swear it’s cursed.

 Permalink 06/05/18 @ 00:08
Terri mittelmann

In response to: PROPERTY RIGHTS- what every Buyer should know

Terri mittelmann [Visitor]

I have 3 questions. I was told our waterfront property had water rights connected to it -its unusual - but when it changed owners about 30 years ago, the orevious owner didnt bother to renew them so we mjght have lost them. Is there a resource for me to look into this and see if I csn re-estabkish ownership without having to hire a lawyer
2) my neighnours wants to extend their floating dock to the water right behind our cottage. I thought that they could not because there is a line that follows our property line into the water that neighbours cant install a dock. Otherwise what would stop someone from building a dock 10 - 30 ft along the water directly behind my oroperty.
3) can someone build a permanent dock in such a way that theiy need to bring their boat into the water behind our cottage in order to park it. We are worried about our grandkids safety while swimming behind our property.

 Permalink 06/03/18 @ 10:23
Diana Duncan-Fletcher

In response to: Ghost Towns Around Bancroft & Barry's Bay

Diana Duncan-Fletcher [Visitor]

Jody, this information is fascinating! Thank you. I am interested especially in the Hermon hamlet. Do you know where the closest cemetery to there might be? I am searching for the graves of the three Royal Hermon individuals mentioned.

Thanks Diana,
I don’t know exactly where the Royal Hermons are buried. Here’s a great website with information that might help:https://roadsidethoughts.com/on/hermon-xx-hastings-cemeteries.htm

 Permalink 06/01/18 @ 14:43
J

In response to: PROPERTY RIGHTS- what every Buyer should know

J [Visitor]

I just got a new neighbor at the cottage and over the last two years they have been taking up my water front to the one side where my boat and dock have been for years. They have put a dock right beside my dock and now have made it difficult for me to continue putting my boat in the water. What water rights do I have and does the property line extend out 66 feet to the water from the land out to the water? If so they are clearly within my water way and what can I do about it?

Hi There J….

A 66′ road/shore allowance isn’t necessarily about extending out from the waterfront. All the water is owned by the crown… it is possible that you might own a little bit of the land underneath of it. It really depends on high water marks, if your shore/road allowance is open or closed (owned or not) and many other factors. Essentially, if their dock is on their land, there’s not much you can do about it. You may have to put your boat on the other side of your dock.

Jody

 Permalink 05/24/18 @ 05:39
barry chapelle

In response to: PROPERTY RIGHTS- what every Buyer should know

barry chapelle [Visitor]

I’m the owner of a property in the town of Capreol Ont. . I have a registered plan survey
My neighbour is not allowing me access to the property stakes between our lots. My questions are..Do I have the right to them for determing my property line. Also if I what steps do you advise
taking to use them without the cost of having a lawyer or survey company being involved.
thanks
Barry

Hi Barry,

I’m not sure how your neighbour can stop you from locating your property stakes, which you should be able to access from your own property.You might not see actual wooden stakes, you might need a metal detector.

Jody

 Permalink 05/23/18 @ 13:20
donald watkin

In response to: PROPERTY RIGHTS- what every Buyer should know

donald watkin [Visitor]

hey.hi.hello. I have some land n.ontario all rights but pine trees are not mine but their is no pine trees on my land ….can I plant my own pine or am I not allowed to .

Hi Donald… that’s a really really old law- that was put in place when the crown wanted pine to build a fleet of ships… on the other hand, if the crown wants your property or any part of it, they pretty much can get it. I don’t think you need to worry about planting pines… you are allowed to plan trees on your own property and it’s highly unlikely any ships are going to be wooden any more.

Jody

 Permalink 05/22/18 @ 21:33
Rob Carmichael

In response to: PROPERTY RIGHTS- what every Buyer should know

Rob Carmichael [Visitor]

Hey I’m a part owner of a 166 acre property that is land locked and has no access. I have owned land on 3 sides and crown land on one side. Are you allowed to put a trail through crown land to access the property or maybe even a road.

Rob, Nobody is allowed to do anything on crown land with written approval from the Government of Canada and it is highly unlikely you will be permitted.

 Permalink 05/16/18 @ 17:09
Robin Anderson

In response to: PROPERTY RIGHTS- what every Buyer should know

Robin Anderson [Visitor]

Hi! I own 4.2 acres on a small lake. I would like to subdivide. Are there any restrictions in the current version of the P.P.S that would restrict this?…or is this t the local Planning Boards Discretion?

Hi Robin, you would be wise to begin with the local municipality to see what their regulations are. Jody

 Permalink 04/07/18 @ 10:39
Sean

In response to: PROPERTY RIGHTS- what every Buyer should know

Sean [Visitor]

Does anyone know how many people need to live on a rural road before the government considers maintaining it. Northern Ontario 5 families live here. Thanks Where can I find this information?

Sean: It’s often more about the quality and construction of the road. You would have to check with the local authorities.

 Permalink 03/28/18 @ 06:16
Denise Steele

In response to: Madawaska Valley’s Radcliffe Ski Area

Denise Steele [Visitor]

Hi there, is your resort still open for skiing this season

Sorry Denise… it is not our resort… and it is no longer operating.

 Permalink 03/21/18 @ 22:31
Mickey & Jim Bond

In response to: Maynooth History 101

Mickey & Jim Bond [Visitor]

Our mother Bessie (FitzGerald) Bond & her family lived in Maynooth 0n. Her parents were Michael & Ellen( McEvoy)FitzGerald. They had 6 children Jack-Father of Marie (FitzGerald)Yantha, mentioned in above blog. Also Mary(FitzGerald)McAvoy, Patrick, Bessie-above, Mack & Maurice-his wife the late Katie Flynn. Our grandparents home was on FitzGerald St. In Maynooth.

TheMcAlpine family have lived in Picton & Pr. Ed. County for many years.The late James was married to Theresa(Gannon). They purchased our late grandfather James Bond’s farm in Milford & later owned by James McAlpine’s youngest son Joe & his wife Jane. They now reside in Picton outskirts.

 Permalink 03/20/18 @ 11:35
Fast Willy

In response to: PROPERTY RIGHTS- what every Buyer should know

Fast Willy [Visitor]

Hi Jody,
Thanks for answering all of these questions, I have learned quite a bit. Hopefully you are still around.

I purchased 50 acres in haliburton, it is landlocked with an existing trapper trail as access across crown land. This trail was documented in an email from the seller at time of purchase (over 5 yrs ago). Can I widen the trail to accomodate ATV’s.

Willy

Hey Willy… Don’t do a thing without the Crown’s permission… in writing. Contact the Ministry of Natural Resources.

Jody

 Permalink 03/15/18 @ 06:00
Jane

In response to: Kamaniskeg Lake

Jane [Visitor]

Thank you so much for this really informal blog! This is the only website where I could find some in-depth information about the Kamaniskeg Lake.

 Permalink 02/10/18 @ 19:47
Dana

In response to: Ghost Towns Around Bancroft & Barry's Bay

Dana [Visitor]

Hello,

We use to visit on weekends at Dalton Welsh’s house. His wife’s names was Luella Emma WELSH (Musclow). What can tell me about the house they lived in together and the settlement. It was in Hastings county/Maynooth area. It was good times. I still remember the outhouse and pumping water from the well. Curious whether that old house is still there. Thank you

Hi Dana,

The house is still there and it has been nicely maintained. I will email you a photo.

Jody

 Permalink 01/10/18 @ 17:07
Pauline

In response to: P.S. To Ghost Towns around Bancroft & Barry's Bay

Pauline [Visitor]

Awesome history. I can picture it… thanks for sharing.

 Permalink 12/05/17 @ 11:14
Cindy

In response to: PROPERTY RIGHTS- what every Buyer should know

Cindy [Visitor]

Hi,

We own a house adjacent to a municipal right of way. (60 ft) A tree has fallen down that was located on the right of way and has damaged trees on our property and caused what I believe extensive cleanup. In addition, there are trees on the right away that need to be taken down. Who is responsible for this?

Hi Cindy,

I should think the municipality. Have you called them?

Jody

 Permalink 11/20/17 @ 12:48
Andrew

In response to: PROPERTY RIGHTS- what every Buyer should know

Andrew [Visitor]

We are looking to buy property in Eldorado. We are told we have surface rights only. It is 23 acres and told it has 2 mines on the property. Does this affect me putting a basement on my house when i build? What about drilling to put in a well? From reading some previous comments it looks like i have to check out timber rights as well. It’s the first property i am buying as a new family and after hearing some of these issues my wife isn’t too sure of buying anymore. Is there anything else to find out before going any further? Thank you in advance…

Hey Andrew… Eldorado has quite a mining history, so I’m not surprised there could be 2 old mine sites on 23 acres… there are some concerns about water quality, especially in the Deloro area… https://www.ontario.ca/page/deloro-mine-cleanup-project . Before you make an offer, you should check with the local municipality about the possibility of putting in a basement… you may also want to chat with the Ministry of the Environment and also the mining authorities. If you make an offer, you should put a clause into it that gives you some time to get your lawyer’s advice, too. Mineral rights, surface rights and mining rights are all different and you will want to know all about what has happened historically with the property you are interested in buying. You might find it interesting to talk to Kim, the owner of the “Eldorado Experience” http://www.eldoradoexperience.ca I hope this is of some help. Jody

 Permalink 11/19/17 @ 12:44
Mark

In response to: Power of Sale: Buying &/or Selling

Mark [Visitor]

Can /would a bank that owns a power of sale in Kingston
offer a buyer a vtb mortgage in the amont of $20,000-30,000 if they cant sell the property in a normal amount of time. Rhat is if it been on the market for more then 365 days.

Would they be more inclined to accept this type of offer from a buyer to get it off there hands??

Hi Mark,

I wouldn’t hurt to try!

Jody

 Permalink 11/11/17 @ 16:32
Ralph Gould

In response to: Baptiste of the Ottawa Valley

Ralph Gould [Visitor]

I am the Great great grandson of John Baptiste.I lived at Baptiste Lake and Paudash Lake. Perhaps we could help each other with information.

Hi Ralph,

I will be in touch!

Thank you,

Jody

 Permalink 11/10/17 @ 12:35
Paul

In response to: Power of Sale: Buying &/or Selling

Paul [Visitor]

Hi, I am a Real Estate Agent but have to power of sale my past residence, because of a default on a vendor take back mortgage. Can Once i obtain possession of the property by writ of possession can I and the Real Estate company I work for, sell this property on the Mls, following all the rules, or am I restricted in taking part in the sale of this property ?

Hi Paul,

Check with your broker of record, but as far I as understand you can list the property once you have possession, provided you disclose that you are a registrant.

Jody

 Permalink 09/22/17 @ 11:24
Kevin

In response to: PROPERTY RIGHTS- what every Buyer should know

Kevin [Visitor]

Has anyone had an experience of paying exorbitant amount to buy into a cottage road association? Are there any guidelines to how much should be charged after more than 15 years since the road has been put in. Happy to pay fair amount in cost to maintain etc but the amount they want to buy in is ridiculous and they don’t use the funds for the road they split it among the cottagers.

 Permalink 09/21/17 @ 10:49
Lisa

In response to: PROPERTY RIGHTS- what every Buyer should know

Lisa [Visitor]

I own Cottage property in Muskoka with 500 ft Shoreline. I do not own the shore allowance. There are two small Cottages from the fifties and an approved permit from the municipality in 2006 (before I owned it) for a new septic system Showing Service to both buildings. I hired a contractor to spruce up the second Cottage and unfortunately because I was absent he enlarged it without my permission and without a permit. Sad story is after I paid him he threatened to tell the municipality about this supposedly illegal building if I didn’t pay him more money. I didn’t and indeed the town issued a stop-work order. I have been working with them and they have been fair so far. They advised I must cut the building back but I have no idea the exact dimensions previously or that I must purchase the shore line since this building is partially or entirely on the shore allowance. Are these not two separate issues? There is plenty of land without the shore allowance to adhere to muskokas rules about building coverage to land ratio and I’m sure it’s not a legal term but were these two buildings not grandfathered in? The shoreline will probably be in excess of $40,000, I was prepared to do it but have since Been Told that the legalization of this slightly expanded building has nothing to do with being coerced into buying the shoreline?
Not sure if it adds to the equation or not but I happen to own the cottage next door as well and do own the osra there. Someone has commented that they can’t reopen the shore allowance because they’d have to hop scotch over my adjacent property

Hi Lisa,

First off, let me emphasize that I’m not a lawyer or an expert, and I strongly suggest you find a good one, for advice.

It is difficult for me to address the issue of the expansion because I don’t have information on the contractual arrangements with the person who did the work… but you do call this person/company a “contractor", so I assume they have credentials. It may be difficult to prove that the cottage was expanded without your knowledge and, even then, it likely doesn’t make it acceptable according to the municipality. Grandfathering usually only applies to the footprint of an existing building. The contract might be interesting in as far as determining the contractor’s responsibilities.

Certainly, the way you describe it, it sounds like this contractor is guilty of extortion, which is an offence under federal law- making it a police matter.

Getting back to the issue of having a cottage that now encroaches onto the shore road allowance, you could ask the municipality about obtaining a minor variance… they don’t have to allow it, because it is a process that should have been undertaken prior to construction. It seems to be more often permitted if the completed construction is in line with other cottages, as far as set backs. If they do allow it, you would have to pay for the appropriate permits that should have been in place prior to construction and there would be fees for the variance. It is a process and you need to make sure that you are dealing with someone knowledgeable about building/planning at the township- someone who can explain the various options for remedy.

Which brings me back around to advising you to get the advice of a good real estate lawyer, as well.

Jody

Jody

 Permalink 09/12/17 @ 00:39
Dave

In response to: About Lake Clear- in the Ottawa Valley

Dave [Visitor]

Was there ever a chemical spill into lake clear

Hi Dave,

There was no spill that we’ve heard of, but a google search brought up this report:

https://archive.org/stream/LAKECLEARPCBREME00SNSN09342.ome/LAKECLEARPCBREME00SNSN09342_djvu.txt

which is worth reading,

Jody

 Permalink 09/09/17 @ 17:25
George

In response to: PROPERTY RIGHTS- what every Buyer should know

George [Visitor]

Need to put a dock in on deeded ROW , who exactly owns the shore line of the road leading the the water, i don’t think the land owners can own the shore line of deeded access in the municipality of whitestone ont , how and where do i go to if the land owners deny a small 4x12 docking for safe entrance and exiting the lake, should i contact a lawyer ?

George,

I would suggest that you start by asking the local municipal authorities.

Jody

 Permalink 08/31/17 @ 17:31
Jim

In response to: Straight Talk About Living in Rural Ontario

Jim [Visitor]

We’ve come up with a list of http://www.comfortlife.ca/best-small-towns-ontario.php. What do you think of it? Where’s your town on the list?

 Permalink 08/29/17 @ 17:05
Leon

In response to: PROPERTY RIGHTS- what every Buyer should know

Leon [Visitor]

Own 3 acres in the Haliburton area and my wife and I have been working on it in preparation for our future retirement home. We bring a travel trailer up to it when we are there and recently we told that I cant have it on my property?? It is not there on a steady basis, plus, the property is very rural. What are my rights?

 Permalink 08/19/17 @ 17:39
Leon

In response to: PROPERTY RIGHTS- what every Buyer should know

Leon [Visitor]

Own 3 acres in the Haliburton area and my wife and I have been working on it in preparation for our future retirement home. We bring a travel trailer up to it when we are there and recently we told that I cant have it on my property?? It is not there on a steady basis, plus, the property is very rural. What are my rights?

Hi Leon,

Every township has different by-laws & regulations and many don’t permit trailers. You need to ask the township what their rules will allow and how you can work with them in order to meet their regulations. Some townships will allow a trailer that is on a permanent foundation… some require you obtain a minor variance to obtain a permit for the trailer… some won’t entertain a trailer at all. My advice is to go talk to the planning person at the local township… try to remain calm and ask them if there is any way for you to gain permission to use the property in the way you wish to use it.

Jody

 Permalink 08/19/17 @ 17:39
Gary

In response to: PROPERTY RIGHTS- what every Buyer should know

Gary [Visitor]

HI ..I have two questions 1) WE own property on lake erie which has a 66 foot road allowance in front of it. Back 50 years ago, when the road was still there, there were cottages on the other side of that road that were water front (my place was 1 row back) ..over time those cottages have disappeared, due to erosion, and most of the Road has eroded as well. Basically I now have waterfront. I am in discussions with the municipality to purchase the road section in front of me which allows me to own to the waters edge….there seems to be some confusion however regarding the land that was owned many years ago and is now under water…are those lots still owned by the previous owners from years ago or do they not come into play as they have eroded and are now underwater??…. 2) I Want to purchase this road allowance to install a break wall to stop further erosion..however the town says I cannot do anything as I do not own the land and they won’t take care of it..is this something I can get permission from the MNR to do?

Hi Gary,

Not sure how this is going to play out… they don’t just erase ownership and if the water levels

subside, that owner will still own the property… so you would, in effect be trying to make improvements

to his property, not to mention that the MNR has the last word and Oceans & Fisheries own the water itself.

It’s worth a try contacting the MNR.

Best of luck!

Jody

 Permalink 08/16/17 @ 22:06