License or Encroachment Agreements

The City of Kawartha Lakes has enacted By-law 2018-017 (download) to regulate encroachments on City-owned land. An "encroachment" is defined as any vegetation, structure, building, man-made object, or personal property that exists wholly on or extends from private property onto City-owned land. This includes aerial, surface, and subsurface encroachments, as well as any activity that alters, removes, or adds to City-owned lands. A License Agreement formally acknowledges and permits an encroachment onto municipal land.

Process Summary

1. Submit an Application – Complete and submit the application form along with the required application fee to Realty Services
2. Land Management Team Review & Decision – The application will be presented to the Land Management Team for consideration. The Team meets six times a year, and applications may be deferred due to volume. If the application is denied, Realty Services will send a letter outlining the Land Management Team's decision. Applicants may appeal to Council via deputation. If approved, Realty Services will notify the applicant and proceed with the License Agreement
3.  Survey & Deposit – Realty Services will obtain quotes from an Ontario Land Surveyor. Pay the non-refundable deposit, which will be credited toward survey costs. Staff arranges for an Ontario Land Surveyor to complete the necessary drawing following receiving the deposit.
4. License Agreement Preparation – The agreement is prepared and sent for execution.
5. Insurance & Execution – The applicant returns the signed agreement and certificate of insurance.
6. Final Execution – The City signs and returns the agreement. If applicable, a dock sign is provided.
7. Annual Invoicing – Realty Services arranges for Finance to issue annual invoices for the agreement’s duration.

Annual Fees and Renewals

• Annual Invoice – Realty Services will arrange for Finance to issue annual invoices with payment options. Realty Services is generally unable to assist with invoice-related inquiries.
• Five-Year Renewal – Before the agreement expires, applicants must reapply to enter a new five-year agreement. Realty Services will present renewal applications to the Land Management Team for approval.
• Renewal Process – If no objections arise, a new agreement will be prepared for execution. The applicant must again submit an executed agreement and a valid certificate of insurance before the City completes the process.

This structured process ensures that encroachments on City land are properly documented and managed in compliance with municipal policies.

Understanding the License Agreement Process

The City of Kawartha Lakes has passed a By-law 2018-017 (download) to allow the City to deal with encroachments on the City of Kawartha Lakes’ land. Within this by-law it defines an “encroachment” as any type of vegetation, structure, building, man-made object or item of personal property of a person which exists wholly upon, or extends from that person's premise onto, City-owned lands and shall include any aerial, surface or subsurface encroachments and shall also include but is not limited to, any activity that results in a removal, addition, alteration, or material change to the City-owned lands. A License Agreement acknowledges the existence of the encroachment onto the municipally owned land.

1. Application Submission

To request to enter into a license agreement, you submit an application with an application fee to Realty Services. The fully completed application will be advanced to the Land Management Team for consideration. The Land Management Team meets six times a year and if an influx of applications are received, some matters could be deferred.

2. Land Management Review & Decision

In the event that your matter was denied at the Land Management Team meeting, Realty Services sends a letter advising the Land Management Team’s decision. Within the letter you would be provided with the option to proceed to Council through way of a deputation. The deputations are scheduled through Clerks.

In the event, the Land Management Team did not express concerns with entering into a license agreement to allow your encroachment to remain; Realty Services would send you a letter regarding the decision. The term of the license agreement is for five years.

3. Survey & Deposit

Realty Services will obtain quotes from Ontario Land Surveyors for a drawing. Realty Services will require a non-refundable deposit in the amount of quote obtained from the surveyor. The deposit is to move forward with obtaining an Ontario Land Survey drawing to identify the location of the encroachment (s). The survey provides clarity to what is being approved at the time of the agreement. The survey is part of the policy and Realty Services is unable to provide exceptions. After the deposit is received, Realty Services will retain the Ontario Land Surveyor and an estimated time for completion will be provided. If you prefer, you are welcome to obtain a survey drawing directly from an Ontario Land Surveyor. Retaining your own Ontario Land Surveyor would not require a deposit to Realty Services, but must be completed within four months of the date of the approval letter from Realty Services. If you are unable to arrange for the survey to be completed within four months, and you have not received written approval for an extension from Realty Services, you could be subject to Realty Services deeming your file abandoned (incurring additional costs) or could be subject to fines from Municipal Law Enforcement.

4. License Agreement & Certificate of Insurance

Realty Services will receive the drawing from the Ontario Land Surveyor and affix it as an attachment to the license agreement. The license agreement will be sent to the applicant for review and execution. The applicant is encouraged to have the agreement reviewed by their solicitor prior to execution. The applicant will be required to return the executed license agreement with a copy of the certificate of insurance. The applicant can provide a copy of the license agreement to their insurance company. Providing a copy of the license agreement to your insurance company enables the insurance company to provide the appropriate information on the certificate of insurance.

When the applicant returns the executed license agreement with the certificate of insurance, Realty Services will arrange for the City to execute the license agreement. Realty Services will return the fully executed license agreement to the applicant. In the event the encroachment is a dock, the applicant will receive a sign identifying the dock number. Any replacement costs of the sign are the responsibility of the applicant.

Realty Services will arrange for Finance to send an invoice annually. The invoice will provide payment options. Realty Services is generally not able to provide support for invoice related inquiries.

5. Renewal

Near the end of the five-year term, the licensee (applicant) will be required to enter into a new license agreement for another five-year term. Ideally, the new agreement will be in place prior to the termination date.

Realty Services will arrange for the Land Management Team to review the encroachment.

In the event the Land Management Team does have concerns with the request, Realty Services will provide a copy of the current license agreement and a letter to advice of the denial with a reason the Land Management Team had concerns. The letter will include the option to proceed to Council. Deputations are schedule through the Clerks Department.

If approved, staff will send the updated agreement to the Licensee to execute and return with their updated certificate of insurance. It is recommended that your solicitor review your license agreement prior to execution. The licensee (applicant) will return the license agreement to Realty Services with the certificate of insurance. Realty Services recommends the licensee (applicant) provides a copy of the license agreement to the insurance provider prior to obtaining the certificate of insurance to prevent delays.

Realty Services will arrange for execution of the license agreement and will return a fully executed license agreement to the licensee (applicant).

Realty Services will arrange for Finance to send an annual invoice to the licensee (applicant). The payment options are on the invoice and Realty Services is unable to provide support to most invoice inquiries.