Property
Encroachment Agreements
Contact Us
For more information
Call 905-546-2489 ext 5803 or
Email [email protected]
Monday to Friday 8:30 am to 4:30 pm
An encroachment agreement is a legal and binding agreement between the City and a property owner whose property abuts the municipal property which permits the property owner to have an encroachment on City property. An encroachment is an improvement made to City property that is located entirely or partly in, on, under or above the City’s property.
What is considered an encroachment?
Examples of encroachments:
- Awnings (except retractable or that require a Building permit)
- Landscaping
- Porches
- Steps
- Portion of existing building
- Signs (freestanding, that project more than 6 inches), where not otherwise prohibited
- Wheelchair ramps and other accessibility features
Examples of encroachments that will not be considered:
- Fences
- Refreshment vehicles
- Signs (temporary or flush-mounted)
- Fruit and vegetable stands
- Soft drink and ice machines
- Small scale lighting features
- Temporary seating - see Temporary Outdoor Patio Program
- Parking spaces - contact [email protected]
When is a property identified to require an encroachment agreement?
The requirement for an encroachment agreement can be identified:
- through the process of selling or buying a property
- through a development or building permit process
- by City staff
Apply for an encroachment agreement
To apply for an encroachment agreement, you must follow these steps:
- Either the owner of the property or the tenant or occupant can apply for an encroachment agreement; however, the agreement must be signed by the property owner. You must retain a solicitor to complete the encroachment agreement.
- Submit a completed Application for Encroachment Agreement with:
- a description of the encroachment including dimensions
- supporting documents such as photos and drawings
- details of any other existing encroachments affecting the property
- Application fee: $416.90 (HST included)
Once your application is received, it is reviewed by City staff and circulated for comment.
If your application is approved:
If your application is approved you will receive a digital copy of the drafted encroachment agreement for your review and execution.
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The agreement will be executed by the City's signing officers.
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Two copies will be returned to you.
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Your solicitor must register the encroachment on title to the property at the Land Registry Office.
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An annual fee is added to property’s tax roll and remains in place until encroachment is removed and the agreement is formally discharged.
Remove an encroachment agreement
Owners who have removed an encroachment should contact our department at [email protected] for more information
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