Owning a waterfront property in Muskoka is a dream come true for many. The scenic views, tranquil atmosphere, and recreational opportunities make life on the lake ideal—and when it’s time to sell, the returns can be just as satisfying. However, there’s an essential aspect of waterfront ownership that many may not fully understand: the Shore Road Allowance (SRA).
What is a Shore Road Allowance?
In Muskoka, Parry Sound, and other parts of Ontario, many waterfront homes are fronted by a 66-foot-wide strip of land owned by the municipality. This land, known as a Shore Road Allowance, stretches from the water’s edge toward the property and was initially set aside in the 19th century for emergency access and transportation during the logging era.
Even though times have changed, Shore Road Allowances still exist, and they play a significant role in how property owners can use the land in front of their cottages. If you don’t own the Shore Road Allowance, you can’t legally build on it, which is why knowing the bylaws surrounding these areas is crucial for current and potential cottage owners.
Why Does It Matter?
You must purchase the Shore Road Allowance to improve or develop the land near the shoreline. However, even owning the allowance doesn’t mean you can build freely on it. According to Section 5.9.2 of the local zoning bylaws, no development or alterations are allowed within 30 meters (98.4 feet) of the high-water mark of a lake or river.
Is the Shore Road Allowance Open or Closed?
A “closed” SRA means the adjacent property owner has purchased the allowance, which becomes part of their land. This purchase is documented in the property’s legal description. Conversely, an “open” SRA remains Crown land, which means the municipality or the Crown retains ownership.
Crown Land Considerations
In some areas, Crown land lines the shoreline. To purchase the Shore Road Allowance in such cases, you must first acquire the Crown land. However, the sale of Crown land has been paused due to the Algonquin land claim, a legal dispute over the land rights of the Algonquin people. It can lead to delays in the purchase process, and approval from the Ministry of Natural Resources and Forestry is required.
How to Purchase Your Shore Road Allowance
Application, including your neighbour’s consent. It typically involves informing your neighbour about your intention to acquire the allowance and obtaining their signature on the application form. Once this is done, you can proceed to pay the administrative fees. You can submit a Customer Service Request (CSR) with your address and purchase request, and the Planning Department can provide the application form and additional information.
What Does This Mean for Cottage Owners?
For potential buyers, owning the Shore Road Allowance can open up exciting possibilities for developing and enhancing the waterfront property. If you own a cottage with an open Shore Road Allowance, people may legally use the land, which could affect your privacy. While it’s rare for visitors to take advantage of this, owning the allowance offers peace of mind. Additionally, in some areas, such as the north end of Lake Rosseau and Joseph, building a boathouse with living quarters is only possible if you own the Shore Road Allowance and have sufficient bylaw frontage.
What Buyers Should Know
If you’re considering purchasing a property with a Shore Road Allowance, rest assured that you will still have full access to the waterfront thanks to riparian rights. These rights, legal rights to use the water, are automatically granted to waterfront property owners. However, to build a structure, you must purchase the allowance first. Fortunately, only the current property owner can purchase the allowance, so you won’t have to worry about someone else buying the land in front of your cottage.
Advice for Sellers
Owning the Shore Road Allowance can increase the size of your property, adding value. If you don’t, don’t fret. Selling properties with an open Shore Road Allowance is common, but disclosing this information early is essential to avoid surprises during the buyer’s legal search.
The Bottom Line
Navigating Shore Road Allowances can be one of the more complex parts of buying or selling waterfront properties. However, with the right real estate agent like us and legal team, the process can be straightforward and stress-free.
Whether you’re considering buying or selling a Muskoka or Parry Sound waterfront property, the All Points North Group is here to guide you through every step. If you have any questions or concerns about Shore Road Allowances, don’t hesitate to contact us. We’re here to support and help you be where you want to be!
Have you dealt with a Shore Road Allowance on your waterfront property, or are you wondering how it might affect your cottage plans? Share your thoughts in the comments below!
