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FAQs

What kinds of unique legal concerns are associated with the purchase of cottage property?

The skilled lawyers at Lawrences are trained in complex title searching so that legal descriptions in deeds are carefully reviewed against surveys to identify any discrepancies and potential problems. Many different kinds of investigations should be undertaken with a cottage property that are not applicable in an urban setting. Access to the property should be analyzed to determine if it is via a municipally maintained public road or privately owned land. If access is via a public road, is it maintained all year? If access is by means of privately owned land, is there a registered easement and who pays for the maintenance? Does the zoning applicable to the property permit only seasonal occupation or will it permit year round occupation? Will the zoning allow the construction of an addition or outbuildings (e.g. garages and bunkies)? Is the water from a well or lake or cistern? Is it potable? Is there a permit for a septic system and has it been inspected? Are there unregistered hydro easements limiting what can be constructed on the property? Is the shoreline environmentally sensitive and regulated by the Ministry of Natural Resources and/or the local Conservation Authority to potentially limit construction of structures? Is the shoreline still owned by the Crown so that public access cannot be denied, or can it be purchased and at what cost? Is the construction of boathouses and docks permitted? Is there a cottagers’ association with membership costs?

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43 Queen Street West, Brampton, ON, Canada L6Y 1L9
Telephone: 905.451.3040 Fax: 905.451.5058 Email: lls@lawrences.com

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