An encroachment agreement is a legal agreement between a property owner and the City that allows the property owner to maintain an encroachment on, over or under a City owned road allowance or other City owned property. Encroachment agreements are typically issued for approved encroachments onto road allowances that are of a relatively permanent nature as opposed to temporary occupations that are processed as licence agreements by Realty Services (e.g. sidewalk cafes). Some examples of encroachments that would be considered for an encroachment agreement include wheelchair ramps, porches, steps, eaves etc.
Encroachment Agreements contain various conditions and restrictions, such as:
- the owner of the encroachment must indemnify the City from all liabilities and claims that may arise as a result of the encroachment
- the owner of the encroachment must maintain general liability insurance in perpetuity and name the City as an insured
- encroachment agreements are subject to an annual rental fee of $10.00 per square metre based on the area of the encroachment which continues until the encroachment is removed and the agreement has been deleted from title.
- depending on the circumstances, encroachment agreements may include a clause that requires the owner to remove the encroachment at their expense upon demand by the City
- encroachment agreements are registered on the title of the encroacher's property and are therefore binding on future owners
All street encroachments are governed by the City's Street Encroachment Policy (Chapter 25, pg 18) which is used to determine whether an enroachment is acceptable to the City, and whether an agreement can be entered into that will allow the encroachment to remain.
Prior to making a formal application for encroachment agreement please contact the City Surveyor in the Geomatics Division, whom can determine if the City will support an encroachment agreement and the terms and conditions.
Formal applications for encroachment agreements are to be made in writing (there is no prescribed form) and delivered to:
City Clerk's Office, City Hall, 3rd Floor, 300 Dufferin Ave, P.O. Box 5035, London, ON N6A 4L9
The application must be complete and include the following information:
- An accurate plan detailing the extent and nature of the encroachment onto City property, fully dimensioned in both plan and profile including undergound footings, if applicable. The location of underground utilities may also be required.
- PIN printout for the property which will benefit from the agreement.**
- Full address of the owner.
- Name and address of the owner's Solicitor.
- An application fee of $282.50. (i.e. $250.00 + HST)
- ** [For residential properties only] Where the property's PIN is not provided, a total application fee of $339.00 (i.e. $300.00 + HST)
Cheques should be made payable to 'Treasurer - City of London'
Once the pre-approved application is received by the City Clerk's Office, an agreement will be drafted and sent to the applicant's lawyer for execution. When returned to the City it will be executed by the City Engineer and registered on the property owner's title by the City. Registration fees are the responsibility of the City and are included in the application fee. Pending building permits or other development agreements will not be issued until the executed agreement is returned from the applicant's lawyer.
- Encroachment agreements are subject to an annual rental charge of $10.00 per square metre based on the area of the encroachment which continues as long as the encroachment remains. This charge is added to the encroaching property's taxes.
- The landowner will be required to maintain general liability insurance in the amount of $2,000,000 to $5,000,000 depending upon the property and nature of encroachment and the City must be named as an insured. The onus is on the landowner to carry the insurance in perpetuity and to provide the City with proof of insurance at each renewal of coverage.