Boathouse Q & A

Nathalie Tinti, Partner Barriston LLP

ntinti@barristonlaw.com

45 Ann Street

Bracebridge, ON P1L 2A1

(705)645-5211

two story boathouse

Question: Is my two story boat house legal?

Answer: Chances are, if you have a two story boat house it is located on either municipally owned land (likely an original shore road allowance) or land over which the Ministry of Natural Resources has jurisdiction (on the water). Generally, this does not become an issue until you wish to remodel or rebuild your boathouse. Most people believe that this remodel or rebuild is not an issue because the boathouse is “grandfathered” into compliance as a legal non-conforming structure, regardless of current building and zoning compliance. To some extent, this is true. However, when you go and apply for your building permit, you may find a few surprises.

If your boathouse is built on an original shore road allowance (“OSRA”), which is a road that lies between your land and the water, the municipality is within their legal rights to require you to apply to purchase the OSRA or remove your structure from the land. By virtue of past legislation, municipalities own all roads, whether open, closed or OSRAs, that are located within their municipality.

Question: Why would I want to purchase a road?

Answer: Purchase of an OSRA has many benefits. It improves the footprint of your land, and more importantly, will allow your boat house to be on property owned by you. Depending on the square footage of OSRA being purchased, this addition of land may also allow you to build a larger cottage in the future. Also, this will be the cheapest land you ever purchase in Muskoka! The cost per square foot of OSRAs has not, thankfully, kept up with the ever increasing cost of waterfront in Muskoka. However, it should be noted that the costs associated with any road allowance purchases are governed completely by the municipality in which they are located and therefore may change at any time.

Question: What if my boat house in on the water and not the OSRA?

Answer: If you are lucky enough to have a two story boat house with living quarters that is located on the water, not on the OSRA, you are required to either the lease or purchase the land that it sits on from MNR. The lease or the purchase can be accomplished fairly easily at a reasonable cost. Again, as the cost of this land is so reasonable, I highly recommend that you purchase it rather than rent it. One never knows when MNR may change its policy relating to these lands and as anyone knows, long term investment of ownership is always preferable to renting!

Happy cottaging!

This entry was posted on March 7, 2017 by Jim and Iris

Words of Appreciation

“Thank you for the memorable sales and closing experience of finding the cottage of our dreams. A perfect fit for our needs.”

I & E – Lake Muskoka cottage buyers

“Jim and Iris Gardiner were both amazing to deal with. A truly professional team. They shared a great deal of knowledge with us and really shed important light regarding potential Island Cottage ownership – all the pros and cons. Not only did they sell our existing cottage in 24 hours for much higher than our asking price they helped us find our new slice of paradise on Lake Muskoka in a very tight market. We are thrilled with our new cottage and love being on Eilean Gowan Island! We would highly recommend either Jim or Iris for any of your Real Estate needs!”

J & D – Sold on Echo Lake and bought on Lake Muskoka

Jim did me a favor 20 years ago and I wanted to return the favor – I approached him and Iris at the cottage show and, even though I already had a real estate agent, he recommended a cottage property that I purchased and enjoyed for those 20 years. I therefore, tracked him down and had him be our agent in selling that property. Our priority was to find new owners that would be friendly and fit in well with the neighbors and Jim and Iris found the perfect couple Jim and Iris made the entire sale most enjoyable. The experience was so smooth and enjoyable that the sellers, the buyers and the real estate agents all got together for supper the following summer at our old cottage!

K & L – Lake Muskoka

It is with great pleasure and appreciation for me to recommend the services of Jim Gardiner and the entire Gardiner Team. Jim’s awareness of community by-laws and market related activities extracted incremental value for us when we were finalizing the purchasing agreement.

JB – Mirror Lake

Just want to tell you that you did a fine job for me on the cottage sale on Lake Muskoka. The sale has removed a huge load from my shoulders. Iris, just a note to thank you again. Money is in the bank!!!!!!

BJ – Lake Muskoka