Most municipal infrastructure located on private property is protected by easement agreements which usually contain a "no-build" clause that restricts the landowner from erecting a "building or other structure" on the easement. The purpose of this restriction is to ensure that the City enjoys unobstructed access to its infrastructure for maintenance and repair purposes.
Easements are design to ensure the infrastructure is protected yet minimize the impact to the affected property. In most cases there is insufficient room to permit an encroachment into an easement as it would interfere with the City's right of access.
In some circumstances, however, it may be possible to permit an encroachment provided it is designed not to unduly interfere with the City's right of access. Where the City is agreeable to an encroachment, a formal agreement between the landowner and the City is required to confirm terms and protect both parties in the future.
Prior to making a formal application for an easement encroachment agreement contact Geomatics Division that can advise whether the application can be approved and whether it will be processed as a formal encroachment agreement approved by municipal by-law or Engineer's Consent. (Most applications are done by way of Engineer's Consent).
If it is determined that an Engineer's Consent can be approved, a formal application should be delivered to Geomatics, including:
- three paper prints of an 8.5" x 14" plan of survey signed by an Ontario Land Surveyor showing the easement and the precise extent of the proposed encroachment over the easement, including a cross-section showing the location of the pipe and the elevation of the bottom of the footing/height of encroachment as applicable. Elevations are to be geodetic and referred to the City's vertical datum.
- PIN printout of the property
- copy of the easement agreement
- full name and address of the owner of the property
- cheque in the amount of $50.00 (no tax) made payable to "City Treasurer".
The Engineer's Consent will be drawn up and signed by the City Engineer and landowner or landowner's agent. A copy of the agreement is retained by the City and kept on municipal file and a second copy should be retained by the applicant. Engineer's Consents are not registered on title.