Tag: muskoka

The Two Story Boathouse

 

Nathalie Tinti, Barriston LLP
45 Ann Street
Bracebridge ON P1L 2C1
705-645-5211
ntinti@barristonlaw.com

 

 

Who doesn’t love a boathouse? It increases the living space of your cottage and some boathouses are so beautiful that they are actually like a cottage themselves. These larger boathouses are usually two story and include some sort of living space. But are they legal?

 

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 (“MNR”) has jurisdiction (on the water). Generally, this does not become an issue until you wish to remodel or rebuild your boathouse, or sell your property. 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, you may find that there are legal obligations to the municipality as well as MNR as the Crown and/or the municipality may have an interest in the land upon which your boathouse sits.

 

If your boathouse is built on an original shore road allowance (for a discussion on “OSRAs” see previous OSRA article in this magazine or check them out on our webpage at Barriston.com) you may be forced to buy the original shore road allowance. Forced purchase of this land is may not a bad thing. It improves the footprint of your land. Depending on the square footage of shore road allowance being purchased, this addition of land may also allow you to build a larger cottage in the future. Further, compared to the cost of cottage property, this will be the cheapest land you ever purchase in cottage country! The cost per square foot of shore road allowances has not, thankfully, kept up with the ever increasing cost of cottage country property. However, it should be noted that the costs associated with shore road allowance purchases are governed completely by the municipality in which they are located and therefore may change at any time.

 

If you are lucky enough to have a two story boat house with living quarters that is located on the water, you may be required to either the lease the land that it sits on from MNR or you may be permitted to purchase it. As of January 1st, 2006, MNR reinstated the requirement that owners of certain boathouses located on Crown Land, including but not limited to, the beds of most waters in Ontario, must entered into a lease agreement with the Crown and pay rent in order for the boathouse to remain. Alternatively, it may be possible to purchase the land on which the boathouse sits from the Crown.

 

Not all boathouses, however, require purchase or payment of rent. MNR, in its current policy on boathouse ownership and/or rent states that boathouses located on Crown land do not require land use occupational authority or the payment of a fee or rent if the boathouse is a single story boathouse provided it is used strictly for private use or commercial tourism non-revenue producing purposes and is in compliance with the following:
(a) is mutually considered to be a necessary adjunct to the use and enjoyment of the adjoining upland property:
(b) is located directly in front of the owner’s/occupier’s adjoining upland property (or a shoreline road allowance or Crown shoreline reserve abutting the upland property) and do not interfere with a neighbour’s use and enjoyment of their waterfront property;

 

(c) the boathouse has been approved or exempted by the Canadian Coast Guard under the Navigable Waters Protection Act, if applicable;
(d) is in compliance with applicable permitting requirements; and
(e) specific to docks and boathouses, are used only for the storage and docking of boats and related equipment.

If a boathouse does not meet the above criteria, for example, it has a second story, (regardless of its use), contains living accommodation or is located remote from the owner’s privately owned upland property, then occupational authority and the payment of an annual rent is required.

The lease or the purchase of Crown land can be accomplished fairly easily at a reasonable cost. If purchase is an option, the cost of Crown lake bed 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.

 

We at Barriston wish you all a very happy cottage season!

 

 

Get Out Of Your Cottage Rut

How routine are your cottage visits? Do you and your family always do the same thing while you’re there? We want to inspire you to get out of your ‘cottage rut’ and try some new things this year. We have a list from the Chestnut Park Blog that goes outside the typical so you can enjoy yourself and be a little more entertained than normal.

Try this:
1.     Wake Up At 6am At Least Three Times During Your Cottage Stay
The best skies are always while you’re still sleeping. Wake up before the sunrise, make your coffee, grab blankets if needed and head down to the dock to enjoy the sunrise. Most cottage regions in Ontario have stunning sunsets, so there’s no reason to avoid them. And hey, you’re at the cottage! It’s not like you can’t have a little dock nap after.
2.     Organize A Campfire Jam Session
Round up a few friends, make sure you have a guitar player around, and organize a campfire jam session. Make sure to include a few other instruments such as tambourines, maracas, spoons and others so everyone can join in. Be sure to invite the neighbours and the quiet couple across the lake.
3.     Make REVERSE S’mores
Everyone makes S’mores, but considering our post is an attempt to inspire you to switch things up…perhaps you can try switching up your favourite campfire treat? Reverse S’mores are exactly what they say they are but extra delicious. Try the kit HERE.
4.     Try Paddle Boarding
Unless you’re already doing it, paddle boarding is becoming extra popular. If you’re still using your canoe and kayak, it’s time to give something new a try. It’s an excellent work out you can enjoy while vacationing at the cottage, but it’s also a lovely way to enjoy the shoreline peacefully from the water. On hot day, you’ll have easy access to the lake from your paddle board, and getting back on is easier than another watercraft. If you’re not ready to invest in one, there are many places that offer board and paddles for rent.
5.     No Cell Phone During Your Stay
cottage sunset
Upon arrival, demand that the no-cell-phone-rule is in full effect. Do you think you and your family can handle it? When it comes to taking pictures, have a digital camera on hand and enjoy being at the cottage the traditional way. Not having cell phones around will mean zero distraction and interruptions and full enjoyment of one another’s time…and enjoyment of your surroundings too!

Real Estate Market Report | Muskoka, January – March, 2017

Chestnut Park News

APRIL 18, 2017
Muskoka Real Estate Update

 

As 2016 came to an end, the concern in the Muskoka and area recreational market place could be summed up in one word: supply. The lack of supply has become dramatically obvious in the first three months of 2017. Generally supply is limited during the early months of any year. Weather conditions, inability to access properties, and the disinterest of buyers usually means that recreational properties are not brought to market until April or even later. This report acknowledges that market phenomenon, and is simply comparing what was happening in 2016 against the first three months of 2017.

 

The Muskoka-Haliburton Realtor Association reports that during the first three months of 2017 it processed 1815 listings of all types. This is a decline of 15 percent compared to 2131 listings that were submitted by local realtors during the same period in 2016. The decline in recreational inventory is even more startling. At the end of March the Association reported 439 active recreational property listings, a decline of more than 40 percent compared to the 751 recreational property listings on the market last year.

 

The situation is even more dramatic in 2 of the three market places in which Chestnut Park’s agents are active. On Muskoka’s big lakes (Rosseau, Joe, and Muskoka) there were only 103 active listings at the end of March, a decline of almost 50 percent compared to the 200 active listings available to buyers last year. The situation in the Haliburton Highlands is no different. Last year there were 193 active listings, this year only 103, a decline of 47 percent. Although listings are down in Lake of Bays the decline is not as extreme as in Muskoka’s big lakes and the Haliburton Highlands. This year there were 59 active listings, last year 83, comparatively a moderate decline of 30 percent.

 

At this stage of the year we have limited recreational property sales data. What we do have does not indicate that there is a corresponding decline in demand. The Association reports that 101 recreational properties have been reported sold year-to-date, an increase of 15 percent compared to the 88 reported sold last year. On the big lakes there has been a marginal increase in sales: 21 this year compared to 19 last year. Sales activity in the Haliburton Highlands is marginally down: 27 last year, 25 this year. Only Lake of Bays has shown an appreciable increase in sales, although the actual numbers are small: 12 reported sales this year compared to 9 last year, an increase of 30 percent.

 

During the first three months of 2017 Chestnut Park’s agents were responsible for 25 recreational property sales, representing $27,875,500 in dollar volume. This result is our highest number of reported sales during this period in the year, and by far the highest dollar volume ever achieved. These numbers also demonstrate that demand remains strong. The next best year for sales was in 2012 and for dollar volume it was last year.

What to expect:

Unless something dramatic happens we can anticipate a very tight recreational market as 2017 continues to unfold. As forecast in the year-end report, we will begin to see competition for well priced, desirable properties.

 

That competition will not amount to the frenzied activity that has become the norm in urban environments like Toronto, but multiple offers will not be uncommon. This is brought out by the fact that agents have already experienced the multiple offer phenomenon on new listings and when acting for buyers.

 

The unknown factor that may have an impact on the Muskoka real estate market place will be the provincial government’s reaction to the runaway prices for properties in Toronto and area. The prevailing belief is that foreign investors and speculation are fuelling price increases. Legislation by the provincial government in either or both of these areas could have a cooling effect on recreational markets, even if the effect is due to a wait-and-see stance by buyers. Unfortunately by the time the impact of the tax is absorbed by consumers, the major part of the recreational selling season will be at an end. It is anticipated that the province will move to deal with exorbitantly rising prices in Toronto and area by late April or May.

 

Prepared by:Chris Kapches, LLB, President and CEO, Broker

 

 

McMaster’s Fine Foods

There are a number of fantastic meat shops in and around Muskoka. Procuring locally sourced, ethically produced food has never been easier while at the cottage.

One of our particular favourites is McMaster’s. We love the sausage rolls and pot pies for an easy snack option when we are so busy in the summer. We also love how they support local dog rescues, dog parks and the proceeds from the sale of their doggie bones goes directly to animal charities.  They are active supporters of Muskoka Big Brother’s and Sisters.  Great food and great people.

McMaster’s Fine Foods has been servicing Bracebridge & Muskoka for over 10 years. They are reputable meat-butcher shop with chicken, grass-fed beef and pork as well as bison and ostrich and weekly Fish specials. Deli counter has cold cuts and cheeses. Salads, cabbage and sausage rolls, vegetable samosas, meat pies and more made in-house. Open daily.

www.muskokafinefoods.ca

Waterfront sales “Best year-to-date”

Sales of waterfront properties recorded through the MLS® system of Muskoka Haliburton Orillia – The Lakelands Association of REALTORS®, declined by 14 per cent in October 2016, albeit from a record last October.

On a year-to-date basis waterfront sales were still up 11.8 per cent from the first nine months of 2015. This was the best first 10 months to any year on record.

 

“While waterfront property sales took a step down from last October they are still very strong, with much of that year-over-year decline simply reflecting the white hot pace of sales at this time last year when there were still many more properties for sale on the market,” said Mike Taylor, President of Muskoka Haliburton Orillia – The Lakelands Association of REALTORS®. “Having said all that, the bigger picture is that 2016 will, in all likelihood, be the best year ever for sales in the Lakelands region.”

The median price for residential non-waterfront property sales was $250,000 in October 2016, up 9.6 per cent from October 2015. On a year-to-date basis the median price was running at $255,000, up 8.5 per cent from the first 10 months of 2015.

The median price for waterfront sales in October 2016 showed an increase of 13 per cent from October 2015. On a year-to-date basis the median price for waterfront property sales was up 9.5 per cent from the first 10 months of 2015.

The total value of waterfront sales was $101 million, an increase of 16.8 per cent from October of last year. This was the highest level for October on record and marked the first time volumes had ever surpassed $100 million in this month.

Includes transactions in all areas recorded by Muskoka Haliburton Orillia – The Lakelands Association of REALTORS®

musk_chart05_hi-res-1 musk_chart04_hi-res-1

Important information The area served by the more than 680 REALTORS® who belong to Muskoka Haliburton Orillia – The Lakelands Association of REALTORS® serving Muskoka, Haliburton and Orillia, is located less than a two-hour drive north of Toronto, in the heart of Canada’s Cottage Country. There are several major geographical areas within the Association’s boundaries, including the City of Orillia, Gravenhurst, Bracebridge, Muskoka Lakes, Huntsville, Almaguin Highlands, Lake of Bays and Haliburton. Each of these areas has a unique blend of properties ranging from residential homes in the City of Orillia and smaller towns to the rural areas in-between, as well as a mix of waterfront homes/cottages on the many rivers and lakes throughout our regions that range from the smaller entry level properties to the prestigious.

Pasta Tree and Smokehouse

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Long appreciated for its picturesque views of the Muskoka River, the location of this newly opened eatery is ideal. A bit of a hidden gem, it’s located in the Riverside Inn, tucked incongruously behind the bus station. A sister restaurant to the upscale Riverwalk, the menu promises gourmet casual dining items with traditional southern and Muskoka flavour.

 

 

 

 
Smokehouse
We enjoyed a Wednesday Wing Night recently. Meat lovers will be wowed by the extra-large specially in-house smoked wings. Also a nice vegan option available in the tasty Rigatoni Arrabbiata. Be warned though, it has a nice spicy kick to it!

pastatree.ca

A Renaissance Paradise

Muskoka is an excellent environment to learn
Learning in Muskoka

by Jessica Sheppard

One of the beautiful things about Muskoka, beyond its striking natural environment, is the array of opportunities it offers residents and guests to develop their talents and interests. The area is quaint and quiet enough to provide a serene escape from a busy lifestyle, but accessible enough not to seem isolated. On one hand, opportunities for community engagement, recreation and socialization are readily accessible; on the other, reflection, peacefulness and mindfulness can be found. In many ways, it is the Renaissance Person’s paradise.

The concept of the Renaissance Person is based upon the ideal of education as a means of civic engagement. Historically, Renaissance People were gifted intellectually, physically, and artistically; they were well-rounded in their talents. The root was the belief – in the words of Leon Battista Alberti – that “man can do all things if he will.” It was felt that allowing citizens the agency to explore and develop their interests and talents led to a richer, more moral, society.

Although the idea of the Renaissance Person has existed for centuries, it is still relevant today. Research suggests that well-rounded individuals tend to be more successful in school and the work force. They possess responsibility, resilience, and resourcefulness: characteristics that allow them to contribute meaningfully to society and live happy, fulfilling, lives.

It is difficult to experience Muskoka without being captivated by what it has to offer. Whether one is exploring the lakes and forests, learning about local history, enjoying the solitude of nature, or seeking an artistic or vocational muse, life’s richness somehow seems more evident in this place. Those fortunate enough to spend time in Muskoka have the opportunity to embrace their inner Renaissance People, thereby enriching their lives and their communities.

Jessica Sheppard hopes to inspire future generations of Renaissance People through her work as Co-Curricular Lead at Rosseau Lake College.

Step by Step

 

Walk along the shoreline of any of Muskoka’s idyllic lakes in the autumn, deciduous leaves bursting in an array of burnt colours, and you find yourself reaping unspoiled rewards only nature can provide. To do so mindfully, with a sense of surrounding in each of your steps, and you can turn a simple hike into a reflective practice.

 

Thich Nhat Hanh, a Vietnamese Buddhist monk and peace activist, says, “walking meditation is practicing meditation while walking.  It can bring you joy and peace while you practice it.  Take short steps in complete relaxation; go slowly with a smile on your lips, with your heart open to an experience of peace.” These thoughts resonate while walking on the pine-needle strewn trails of what was once Lady Eaton’s Bridle Path, hugging the waterside of Lake Rosseau. The esteemed Eaton family owned more than 50 acres of land here, which has, since 1967, been host to the independent school, Rosseau Lake College. In preparation of its upcoming 50th anniversary, the school has begun the process of restoring Lady’s Eaton’s Bridle Path; most recently a group of student volunteers helped to clear the stone steps that once led to her palatial cottage manor and garden. The manor no longer exists, but the newly renovated gardens give us a glimpse of her early 20th century tranquil lifestyle.

 

Hiking Muskoka’s trails in the fall, discovering igneous rock formations reflecting in the misty waters, glimpsing stolen moments of wildlife— this is not just an excuse for exercise. It is a chance to connect with the past, to being present in every step, heading towards a future full of gratitude for natural delights such as this to start the day.

 

 

Eric Daigle is the senior English teacher and Academic Lead at Rosseau Lake College.

 

 

 

Waterfront sales post strong gains in July

Sales of waterfront properties recorded through the MLS® system of Muskoka Haliburton Orillia rose 11.2 per cent year-over-year to 269 units in July 2016.
On a year-to-date basis waterfront sales were up 25.2 percent from the first seven months of 2015. This was the best start to any year on record.
“With residential non-waterfront and waterfront sales coming in very strong in July, the combination of both property types rising in tandem really boosted the overall year-over-year sales increase in the region,” said Mike Taylor, President of Muskoka Haliburton Orillia – The Lakelands Association of REALTORS®. “That said, it was the waterfront segment that actually had the better month in July. While non-waterfront activity did mark the best July in more than a decade, waterfront sales actually set a new all-time record for July.”

The median price for waterfront sales saw an increase of 17.8 per cent from July 2015.

The total value of waterfront sales was $155.2 million, rising 18.4 per cent from July of last year. This was the highest level of any July on record.

Screen Shot 2016-08-16 at 2.36.20 PM

Includes transactions in all areas recorded by Muskoka Haliburton Orillia – The Lakelands Association of REALTORS®

musk_chart04_hi-res (2)

musk_chart05_hi-res (1)

Includes transactions in all areas recorded by Muskoka Haliburton Orillia – The Lakelands Association of REALTORS®

Important information
The area served by the more than 680 REALTORS® who belong to Muskoka Haliburton Orillia – The Lakelands Association of REALTORS® serving Muskoka, Haliburton and Orillia, is located less than a two-hour drive north of Toronto, in the heart of Canada’s Cottage Country. There are several major geographical areas within the Association’s boundaries, including the City of Orillia, Gravenhurst, Bracebridge, Muskoka Lakes, Huntsville, Almaguin Highlands, Lake of Bays and Haliburton. Each of these areas has a unique blend of properties ranging from residential homes in the City of Orillia and smaller towns to the rural areas in-between, as well as a mix of waterfront homes/cottages on the many rivers and lakes throughout our regions that range from the smaller entry level properties to the prestigious.