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Realty Services

Realty Services

Realty Services manages the City of Kawartha Lakes' interests in land, overseeing various transactions and agreements. This includes the acquisition and disposition of land, expropriations, easements, encroachments, leases, licenses, rights-of-way, road closures, and the sale of shoreline road allowances and road allowances. As a municipal service, Realty Services represents the City and does not assist with private real estate matters or property management.

Land Disposition (Sale)

The City of Kawartha Lakes manages the sale of unopened road allowances and unopened shoreline road allowances under its Property Disposition By-law, in accordance with the Municipal Act, 2001. Property owners may apply to purchase adjacent City-owned land to expand their lot, legalize encroachments, or facilitate development.

Process Summary

  1. Submit an Application – Complete the online application and review the associated costs before submission.
  2. Land Management Review – Applications are reviewed by the Land Management Team, which meets six times a year. If approved, a non-refundable deposit is required to proceed. If declined by Land Management Team, applicants may request a deputation before Council
  3. Public Notice - The City publishes a notice to ensure transparency
  4. Council Approval – A report is presented to Council for approval. Council may direct the sale at set rates per square foot or require an appraisal for fair market value.
  5. Utility Consultation – Realty Services consults utility companies to determine if easements are required
  6. Survey & Purchase Agreement – A land survey is completed. A non-refundable deposit in the amount of the quote provided by the surveyor. An Agreement of Purchase and Sale is prepared for review and execution
  7. Final Approval & Closing – A by-law is passed by Council authorizing the sale. The sale is finalized through solicitors

Key Considerations

  • Applicants are responsible for all costs incurred, including deposits, surveys, appraisals (if required), and legal fees.
  • The process typically takes 12 to 18 months.
  • If the applicant withdraws, they remain responsible for costs incurred up to that point.

Understanding the Land Purchase Process

The City of Kawartha Lakes has adopted a property disposition by-law in accordance with the Municipal Act, 2001. Some reasons people would like to proceed through the process to purchase the adjacent unopened road/shoreline road allowance to their property might be as a lot addition or to legalize an encroachment. The encroachment may influence a Planning Department Application or could be to further the enjoyment of their property.

1.   Application Submission

The initiation of the process to purchase an unopened road, or shoreline road allowance is through submitting an application to Realty Services. Prior to submitting an application to Realty Services, please review the general costs associated with this application. The application is advanced to the Land Management Committee meeting for consideration. The Land Management Team has six scheduled meetings a year and matters can be deferred (if the agenda has a high volume of requests) to the following meeting. Realty Services will receive the minutes from the Land Management Team meeting and send a letter outlining the decision made.

2.   Land Management Review & Decision

In the event the Land Management Team declines your request, you have the option to proceed with a deputation. The deputations are scheduled through the Clerks Department.

In the event the Land Management Team has no objection to your request, you will receive a letter from Realty Services outlining the next steps and the expected costs associated with the process.

3.   Public Notice

Realty Services will require a deposit (non-refundable) to proceed with the public notice. This deposit will be credited towards the final closing costs, or against the costs incurred to date if the applicant decides to no longer proceed with the transaction. The purpose of the public notice is to ensure the public is formally made aware of the City of Kawartha Lakes’ intent to dispose of a public asset in an open and transparent venue. This process provides the public with the opportunity to advise Council of any reason they feel Council should consider prior to disposing of an asset or how it would effect the enjoyment of their property. This portion of the process provides the applicant with acknowledgement from Council. Staff is not able to bind Council. Realty Services will complete a Report to Council providing the background of the matter, outlining the Land Management Team’s recommendation and request permission to proceed with the sale.

4.   Council Approval & Pricing

Council has directed Realty Services to proceed with disposing of unopened road/shoreline allowance at a set price. The current set price is $2.50 per a square foot of interior road allowance, $3.50 per a square foot of shoreline road allowances adjacent to a river and $9.00 a square foot of shoreline road allowances adjacent to lakes. The City of Kawartha Lakes’ land is an asset and from time to time Council may decide to proceed to dispose of the unopened road/shoreline allowance through fair market value. If Council decided to proceed in this direction, the applicant would be responsible for the additional expense of an appraisal. In the event, an appraisal is required, Realty Services would request quotes and request a non-refundable deposit, in the amount quoted by the appraiser. Upon receiving the non-refundable deposit, Realty Services will retain the appraisal company and will receive an estimated date of completion from the appraiser.

5.   Utility Consultation & Survey

During the public advertising, Realty Services is completing a utility consultation. The utility consultation is necessary to preserve any interest in the unopened road/shoreline road allowance. The interest is preserved through retaining an easement in favour of the appropriate utility company prior to closing of the sale. If an easement is requested by the utility company, this will not change the set rate outlined within disposition by-law.

Realty Services will proceed with obtaining quotes from Ontario Land Surveyors to obtain a deposited reference plan. Staff will require a non-refundable deposit from you, in the amount quoted from the surveyor, prior to proceeding with retaining the surveyor. Upon receiving the deposit, Realty Services will proceed to retain the Ontario Land Surveyor and an estimated completion time is provided.

6.   Agreement of Purchase and Sale

Realty Services will complete the agreement of purchase and sale. The agreement of purchase and sale will be sent to you for you/your solicitor’s review. Once you are comfortable, you will execute and return the agreement of purchase and sale with your solicitor’s contact information.

7.   Final Approval & Closing

Once the agreement of purchase and sale is received, Realty Services will proceed to bring a by-law to Council, which will provide the City of Kawartha Lakes with the permission to be able conclude the sale. This is the last opportunity in the regular procedure for Council to decline the sale. The applicant is obligated to pay all outstanding funds Realty Services has incurred from their sale to date.

Realty Services sends the fully executed agreement of purchase and sale to the solicitor to arrange a closing date with the applicant’s solicitor and complete the transaction.

The entire sale process is estimated to take between twelve to eighteen months to complete this process. In the event the applicant decides to cancel the process at any time, the applicant is responsible for all costs incurred (up to the date of cancellation) by Realty Services for their transaction.

License/Encroachment Agreement (Use City Land Adjacent to Your Property)

The City of Kawartha Lakes has enacted By-law 2018-017 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 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.

Surplus Property

Realty Services will identify property as being non-viable or viable. A property that is considered non-viable would be suitable for direct sale and a property that is considered viable would be suitable for an open market sale. If a property was identified as eligible for direct sale, Realty Services will wait for an adjoining landowner to identify an interest in purchasing the property as a lot addition. If the property has been identified as eligible for an open market sale, it will be listed on the open market with a Real Estate agent.

Direct Sale (Non-Viable Property/Lot Addition)

To initiate the purchase of a surplus property, applicants must submit an application and review the associated costs. The application is reviewed by the Land Management Team, which meets six times per year. If the request is approved, the applicant must submit a non-refundable deposit, credited toward final closing costs or City-incurred expenses if the applicant withdraws.

Process Summary
  1. Submit an Application – Complete the online application and review the associated costs before submission.
  2. Land Management Review – Applications are reviewed by the Land Management Team, which meets six times a year. If approved, a non-refundable deposit is required to proceed. If declined by Land Management Team, applicants may request a deputation before Council.
  1. Deposit - A $1,000 deposit is required.
  2. Public Notice - The proposed sale is advertised on the City's website.
  3. Council Report - A report is presented to Council for approval. Public objections may be considered.
  4. Utility Consultation - Utilities are consulted for any required easements.
  5. Reference Plan & Appraisal & Deposit– A non-refundable deposit is required (amount quoted by surveyor and appraiser).Once deposit is received, the property is surveyed and appraised at the applicant’s expense.
  6. Agreement of Purchase and Sale - The agreement is prepared, signed, and returned.
  7. By-Law Approval - Council passes a by-law authorizing the sale. Once registered, legal counsel finalizes the transaction.

The process typically takes 12-18 months. If the applicant withdraws, they are responsible for all costs incurred to date.

Understanding the Surplus Land for Direct Sale Process
1.   Application Submission

The initiation of the process to purchase surplus property is through submitting an application to Realty Services. Prior to submitting an application to Realty Services, please review the general costs associated with this application. The application is advanced to the Land Management Committee meeting for consideration. Realty Services has six scheduled meetings a year and matters can be deferred (if the agenda has a high volume of requests) to the following meeting. Realty Services will receive the minutes from the Land Management Team meeting and send a letter outlining the decision made.

2.   Land Management Review & Decision

In the event the Land Management Team declines your request, you have the option to proceed with a deputation. Deputations are scheduled through the Clerks Department.

In the event the Land Management Team has no objection to your request, you would be required to submit a deposit (non-refundable) to proceed with the public advertising. This deposit will be credited towards the final closing costs, or against the costs incurred to date if the applicant decides to no longer proceed with the transaction.

3. Public Notice

Realty Services will require a deposit (non-refundable) to proceed with the public notice. This deposit will be credited towards the final closing costs, or against the costs incurred to date if the applicant decides to no longer proceed with the transaction. The purpose of the public notice is to ensure the public is formally made aware of the City of Kawartha Lakes’ intent to dispose of a public asset in an open and transparent venue. This process provides the public with the opportunity to advise Council of any reason they feel Council should consider prior to disposing of an asset or how it would effect the enjoyment of their property. This portion of the process provides the applicant with acknowledgement from Council. Staff is not able to bind Council. Realty Services will complete a Report to Council providing the background of the matter, outlining the Land Management Team’s recommendation and request permission to proceed with the sale.

4. Council Approval & Pricing

Council has directed Realty Services to proceed with disposing of unopened road/shoreline allowance as a set price. The current set price is $2.50 per a square foot of interior road allowance, $3.50 per a square foot of shoreline road allowances adjacent to a river and $9.00 a square foot of shoreline road allowances adjacent to lakes. The City of Kawartha Lakes’ land is an asset and from time to time Council may decide to proceed to dispose of the unopened road/shoreline allowance through fair market value. If Council decided to proceed in this direction, the applicant would be responsible for the additional expense of an appraisal.

5. Utility Consultation

Realty Services will complete a utility consultation. The utility consultation is necessary to preserve any interest in the unopened road/shoreline road allowance. The interest is preserved through retaining an easement in favour of the appropriate utility company prior to closing of the sale.

6.     Reference Plan and Appraiser & Deposit

Realty Services will proceed with obtaining quotes from Ontario Land Surveyors to obtain a deposited reference plan. Staff will send correspondence to the applicant requesting a non-refundable deposit in the amount quoted by the Ontario Land Surveyor. Upon receiving deposit, Realty Services will proceed to retain the Ontario Land Surveyor and an estimated completion time is provided.

When the survey is completed and in the event an appraisal is required, Realty Services will obtain quotes from appraisers. Staff will request a non-refundable deposit from the applicant in the amount of the quote received from the appraiser. Upon receiving the deposit, staff will proceed to retain the appraiser. If the appraisal exceeds $50,000.00 staff are required to provide a copy to Council in confidential session. This could cause the process to be extended depending on Council dates.

7. Agreement of Purchase and Sale

Realty Services will complete the agreement of purchase and sale. The agreement of purchase and sale will be sent to you for you/your solicitor’s review. Once you are comfortable, you will execute and return the agreement of purchase and sale with your solicitor’s contact information.

8. Final Approval & Closing

Once the agreement of purchase and sale is received, Realty Services will proceed to bring a by-law to Council, which will provide the City of Kawartha Lakes with the permission to be able to conclude the sale. This is the last opportunity in the regular procedure for Council to decline the sale. The applicant is obligated to pay all outstanding funds Realty Services has incurred from their sale to date.

Realty Services sends the fully executed agreement of purchase and sale to the solicitor to arrange a closing date with the applicant’s solicitor and complete the transaction. This process is estimated to take between twelve to eighteen months to complete. In the event the applicant decides to cancel the process at any time, the applicant is responsible for all costs incurred (up to the date of cancellation) by Realty Services for their transaction.

Open Market Sale (Viable Property)

Realty Services prepares viable properties for open market sale by:

  • Posting signage and advertising the proposed surplus sale.
  • Providing opportunities for public feedback at a Committee of the Whole meeting.
  • Obtaining a survey and appraisal before listing the property.

The property is listed at fair market value plus all expenses incurred. Realty Services cannot accept offers below the listed price. Once an offer is received, a by-law is presented to Council for approval. If approved, legal counsel finalizes the sale.

Understanding the Surplus Land for Open Market Sale

Realty Services prepares the property for sale on the open market as a viable property. While Realty Services is preparing the property, you may witness a sign posted advising that the property is proposed for surplus sale. Realty Services posts a sign on the property along with advertising on the City’s website to provide notice to the residents that the property is being considered for sale. This provides the residents the opportunity to speak to Council at the Committee of the Whole meeting to provide the opportunity to for residents to provide considerations for Council to make an informed decision on whether to proceed with the sale, or not.

If Council decides to proceed with the Sale, Realty Services will continue to prepare the property for sale. This preparation includes obtaining a survey and appraisal. Once the appraisal is obtained and all the costs are determined, the City will list the property on the open market and on the City’s website.

Realty Services will list the property with a Real Estate Agent. Realty Services is unable to accept an offer under the listed price because the listed price is the fair market value plus all expenses incurred by Realty Services.

Once an offer is received, Realty Services will proceed to Council with a by-law advising the price. If Council approves the by-law, it allows the City to execute the agreement of purchase and sale.

When the agreement of purchase and sale is completed, the matter is sent to external solicitor to arrange for the closing.

Road Allowance Status Inquiries

Process Summary:

  1. Complete the Application – Road Allowances form.
  2. Include the non-refundable application fee (payable by cash, cheque, or bank draft). A $35.00 fee applies to N.S.F. cheques.
  3. Any additional costs beyond the initial fee must be covered by the applicant.

On July 7, 2015, Council adopted By-law 2015-131 to regulate inquiries about road allowance status.

The Realty Services and Public Works Departments frequently receive requests related to maintenance, assumption, and By-law dedication are often for private real estate transactions, mortgages, or insurance purposes. Common inquiries include:

  1. Responsibility for road allowance maintenance
  2. Confirmation of a public highway assumption or dedication
  3. Existence of by-laws dedicating or assuming lands as a public highway

For written confirmation, preliminary research is required. Many inquiries benefit private parties rather than the municipality, so By-law 2015-131 (Article 2.01) establishes a non-refundable fee for each request. Fees are outlined in the Consolidated Fees and Charges By-Law 2016-206, as amended.

Inquiries cannot be processed until payment is received.

 

Realty Services Frequently Asked Questions

What is a Staff Recommendation?

Staff and committees provide recommendations based on their expertise and the City's interests, but Council makes the final decision. Council may accept or reject the Land Management Team's recommendation, and its decision is final.

 

The sale of municipal property is handled at a meeting open to the public, and interested persons may attend and/or make representations about their interests, provided Council's rules are followed. The City's Clerk's office can provide assistance with respect to rules for making deputations at Council or Committee meetings.

 

Please note that Council may choose, as landowner, to assert its right to force any occupier of municipal property to remove any structures on the land and have the occupier cease using the land.

What is the cost?

Realty Services operates on a cost-recovery basis. While staff provide estimated costs for transactions, these are based on averages and may vary. Deposits are required throughout the process before incurring expenses, allowing applicants to manage costs before the City commits to expenditures.

 

If an applicant terminates a transaction (whether a sale or agreement), they remain responsible for all costs incurred up to that point. All requests begin with a non-refundable application fee of $145.00, which is adjusted annually based on the Consumer Price Index (CPI).

 

Costs for a Disposition of Land (Sale)

In addition to the application fee, applicants must cover all costs incurred by the City related to their request. These may include:

 

  • Legal fees
  • Public notification expenses
  • Survey/reference plan costs
  • Appraisal fees (if required)
  • Other miscellaneous expenses

 

For a shoreline or road allowance sale, estimated costs (excluding the purchase price) typically include:

 

  • Legal fees: $2,000 – $2,500
  • Public advertising: $500 – $2,500
  • Reference plan (survey): $3,500 – $8,000
  • Appraisal fee: $2,000 – $3,000
  • City staff time expense: $1,500

 

Currently, the City does not require newspaper advertising due to limited circulation. Additionally, Council has set a fixed rate for shoreline/road allowances and landlocked lot additions, eliminating appraisal costs in most cases. However, Council may require an appraisal at its discretion, which would be the applicant’s responsibility.

 

Set Prices for Shoreline/Road Allowances and Landlocked Lot Additions

Per By-Law 2018-020 (as amended), the following rates apply:

 

Road Allowances (Shoreline/Interior)

  • Interior road allowances: $2.50 per sq. ft.
  • Shoreline road allowances (rivers): $3.50 per sq. ft.
  • Shoreline road allowances (lakes): $9.00 per sq. ft.

 

Landlocked Lot Additions

  • For farm additions: $1,500 per acre (minimum)
  • For other lots: $1.00 per sq. ft.

 

Additional Considerations

Costs may increase due to factors such as title issues or parcel size/type. Applicants must also cover their own legal fees. HST applies where applicable. A $35.00 fee applies to any NSF (non-sufficient funds) cheques.

 

License/Encroachment Agreement

Applicants are responsible for all City-incurred costs, including:

  • OLS drawing: $3,500 – $8,000
  • Deposit: The deposit will be the amount of the quote received from the OLS
  • Certificate of Insurance

 

If an applicant terminates the request after the OLS drawing is obtained, they must still cover this cost. Applicants must also retain their own legal representation at their own expense. A $35.00 fee applies to any NSF cheques.

What is Land Management Team?

The City of Kawartha Lakes has established a Land Management Policy, which created the Land Management Team—a cross-departmental staff committee chaired by the Manager of Realty Services. The team includes representatives from various City departments and is responsible for reviewing inquiries and requests related to municipally owned land.

 

Requests to purchase, encroach upon, or obtain a right-of-way over City land must first be reviewed by the Land Management Team. Once reviewed, Realty Services will provide a written response to the applicant outlining the team's decision.

 

If you have an inquiry about municipally owned property under the jurisdiction of Realty Services, please complete the appropriate and submit it to the Realty Services division.

 

How Can I Pay the Application Fee/Deposit?

A non-refundable fee (as set out in the Consolidated Fees and Charges By-Law 2016-206, as amended) must accompany each request that is submitted to the Realty Services division. The fee can be paid by cheque or bank draft, made payable to "The City of Kawartha Lakes" and mailed to:

 

The City of Kawartha Lakes
Realty Services
26 Francis Street
P.O. Box 9000
Lindsay, ON K9V 5R8

 

Please note a fee will be applied to any N.S.F cheques.

 

The fee can also be paid by debit or credit card at any municipal service centre. Hours and locations of the service centres can be found online.

 

What Should I Do if I Have an Existing Encroachment of City Property

You are not required to address an encroachment unless Municipal Law Enforcement contacts you. The City handles encroachments only on a formal complaint basis, and a complaint is only considered official when submitted through the Municipal Law Enforcement complaint process.

 

If you choose to address your encroachment voluntarily or receive a notice from Municipal Law Enforcement, please complete an application form and review the process.

 

What Should I do if I Have an Existing Dock on City Property?

The City may require the removal of your dock from City property under certain circumstances, including but not limited to:

 

  • Insurance Coverage: You are unable to provide insurance for activities on your dock.
  • Regulatory Approval: The Trent-Severn Waterway or the Ministry of Natural Resources and Forestry denies a permit for the dock.
  • Conservation Authority Restrictions: The applicable Conservation Authority refuses to issue a permit.
  • Erosion & Road Safety: The dock poses a risk of erosion or destabilization to a nearby roadway.
  • Overcrowding: The dock contributes to congestion in the area.
  • Disrepair: The dock is deteriorating or unsafe.
  • Public Access: The dock obstructs public use of the shoreline.
  • Aesthetic Impact: The dock negatively affects the natural appearance of the area.

 

If any of these apply, the City may take action, including requiring modifications or removal of the dock.

Why Do I Need a Survey or Ontario Land Surveyor Drawing?

Realty Services requires an Ontario Land Surveyor (OLS) drawing or a Deposited Reference Plan to accurately define property boundaries. These must be completed by a licensed Ontario Land Surveyor to ensure legal accuracy—other drawings will not be accepted.

  • Deposited Reference Plan: Required for land transactions that are registered on title. It is mandated by the Land Registry Office to precisely define the property boundaries associated with the transaction.
  • Ontario Land Surveyor Drawing for License Agreements: Necessary to outline the exact location and extent of an encroachment. This ensures both the applicant and the City have a clear understanding of the agreement, preventing future disputes.

By requiring these documents, the City ensures clarity and legal compliance in all land-related transactions.

Why Do I Need to Use an Appraiser?

Realty Services requires an appraiser in good standing with the Appraisal Institute of Canada. This ensures that the evaluation is accurate, reliable, and not bias.

Do I Need a Lawyer?

For a Sale
The City of Kawartha Lakes has its own legal counsel, but they represent the City’s interests only and cannot provide legal advice to purchasers. Buyers must retain their own lawyer to handle the transfer, sign the Transfer/Deed, and ensure compliance with Ontario land registration requirements. A purchaser’s lawyer typically reviews the Agreement of Purchase and Sale, conducts a title search, and checks for any outstanding encumbrances or issues with the property.

 

For a License Agreement
The City’s legal counsel represents only the City and cannot provide legal advice to adjacent property owners (Licensees). Licensees must retain their own lawyer to review the agreement and provide legal advice on their behalf.

What is the Land Registry Office?

The Land Registry Office is responsible for maintaining records of all registered land interests. It is managed by the Province of Ontario and ensures legal ownership and property boundaries are accurately recorded. For more information, visit the Land Registry Office or access the title documents through the website Onland.ca.

How Can I Access a Map?

Realty Services is unable to assist with providing a map, but you are welcome to utilize a mapping system available to the public. This mapping system is not a Realty Services function and are unable to assist if it is not working property.

What Other Responsibilities Does Realty Services Have?

In addition to managing municipal land transactions, Realty Services administers:

 

  • Negotiations for the City to purchase land from private or public interests.
  • Negotiations for selling City-owned land, including lot expansions, road allowances, development land, building lots, and surplus facilities.
  • Handling third-party inquiries to purchase, lease, or license City-owned land.

What Does Realty Services Not Handle?

Realty Services does not provide support for:

 

  • By-law enforcement on municipal land.
  • Private land disputes or civil disagreements between property owners.
  • Inquiries about privately owned property, including ownership details.
  • Maintenance of vacant municipal properties.

What Requests Does Land Management Deny?

The Land Management Team may deny requests to purchase City property if there is a municipal need for the land. Applicants will be notified by letter, but final decisions on sales rest with City Council. If an applicant wishes to pursue the purchase further, they may request to make a deputation to Council. Realty Services will present a report at the same meeting outlining the reasons for recommending the land’s retention.

 

Encroachment requests on City property may be denied if:

 

  • The encroachment conflicts with the City’s intended use of the land.
  • It creates an unsafe condition.
  • It poses liabilities that cannot be fully assigned to the applicant.
  • It violates a City by-law, policy, resolution, or provincial/federal regulation.
  • It interferes with City maintenance, projects, or utilities.
  • The applicant cannot demonstrate a reasonable need for the encroachment.
  • It does not improve or maintain the aesthetic of the property.
  • It restricts public use, access, or enjoyment of the space.
  • Other reasons identified by the Land Management Team, which will be communicated in writing.

Why Does City of Kawartha Lakes Have Surplus Land?

The City owns land for various municipal purposes, including parks, roads, public buildings, and utilities. Some properties become surplus due to excess land acquisition, changes in municipal plans, or amalgamation.

Types of Surplus Land

  • Excess Land – Occasionally, the City acquires more land than needed for a project or later relocates or cancels plans, leaving portions surplus.
  • Former Municipal Properties – With municipal amalgamation, some former municipal offices and depots are no longer in use.

Properties That Are Not Surplus

Not all City-owned land is available for sale. For example, land reserved for a future park is not surplus unless an alternative site is identified and approved for exchange.

Road Allowances

The City has many unopened road allowances, including those leading to water and others between private properties. These remain public property and may serve future municipal or community uses such as utilities, trails, or access routes.

  • Waterfront Road Allowances – the City does not sell road allowances leading to water. Requests to use these allowances are typically denied but may be presented to Council upon request.
  • Unopened Road Allowances – These may be occupied by neighboring property owners, but they remain public land. Under the Limitations Act, private ownership cannot be claimed through adverse possession. Property owners encroaching on these lands may:
    1. Request to Purchase the land (if deemed surplus), or
    2. Request to Enter Into a License Agreement for encroachments.

Shoreline Road Allowances

Many Ontario lakes have a 66-foot-wide public road allowance along the shoreline, originally surveyed by the Crown. In some cases, private structures like cottages, boathouses, or garages encroach onto these allowances without clear ownership. Owners may apply to purchase or obtain legal permission to use these lands.

For more details on purchasing or licensing municipal land, contact the Land Management Team.

Available Properties for Sale

Realty Services currently does not have property listed on the open market.

Application Forms

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Contact Realty Services

If you have any questions please do not hesitate to contact the Realty Services Department:

Realty Services
26 Francis Street, Lindsay ON K9V 5R8
Telephone: 705-324-9411
Toll Free: 1-888-822-2225
Fax. 705-324-7058
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