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
- Submit an Application – Complete the online application and review the associated costs before submission.
- 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
- Public Notice - The City publishes a notice to ensure transparency
- 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.
- Utility Consultation – Realty Services consults utility companies to determine if easements are required
- 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
- 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 (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
- Submit an Application – Complete and submit the application form along with the required application fee to Realty Services
- 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
- 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.
- License Agreement Preparation – The agreement is prepared and sent for execution.
- Insurance & Execution – The applicant returns the signed agreement and certificate of insurance.
- Final Execution – The City signs and returns the agreement. If applicable, a dock sign is provided.
- 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.
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
- Submit an Application – Complete the online application and review the associated costs before submission.
- 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.
- Deposit - A $1,000 deposit is required.
- Public Notice - The proposed sale is advertised on the City's website.
- Council Report - A report is presented to Council for approval. Public objections may be considered.
- Utility Consultation - Utilities are consulted for any required easements.
- 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.
- Agreement of Purchase and Sale - The agreement is prepared, signed, and returned.
- 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:
- Complete the Application – Road Allowances form.
- Include the non-refundable application fee (payable by cash, cheque, or bank draft). A $35.00 fee applies to N.S.F. cheques.
- 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:
- Responsibility for road allowance maintenance
- Confirmation of a public highway assumption or dedication
- 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 (download) (Article 2.01) establishes a non-refundable fee for each request. Fees are outlined in the Consolidated Fees and Charges By-Law 2018-234 (download), as amended.
Inquiries cannot be processed until payment is received.
