Easement Encroachment Agreements and Engineer's Consents

The City holds easement rights to many sewers and watermains located on private property throughout the City. The terms and conditions of the easement rights are specific to each case and are spelled out in the easement document, but all easements contain a restrictive covenant prohibiting the landowner from the erection of a "building or other structure" on or over the easement. The purpose of the restrictive covenant is to ensure that the City has unobstructed access to the sewer for repair, replacement or maintenance purposes.

Will the City allow an encroachment over an easement to remain?

In the case where a building or other structure has inadvertently been located on a municipal easement, the City has the right to demand that the encroachment be removed to ensure that the easement remains unencumbered. Where the encroachment is deemed to be minor, or designed in such a manner as to not impede access or prevent repair or maintenance, the City Engineer may, at his/her absolute discretion, enter into an Encroachment Agreement or Engineer's Consent to allow the encroachment to remain.

Will the City consider releasing a portion of an easement?

No. Under no circumstances will the City release its rights to any portion of an easement unless it is being abandoned entirely.

What is the difference between an Encroachment Agreement and Engineer's Consent?

Most easements acquired by the City since 1961 contain a clause enabling the City Engineer to approve an encroachment. If the easement contains the requisite wording, the application is handled as an Engineer's Consent. If the easement document does not contain the necessary wording, a full Encroachment Agreement approved by by-law is required. Encroachment Agreements are registered on title against the property whereas Engineer's Consents are not.

An Engineer's Consent is an agreement, executed by the City Engineer and the landowner or landowner's agent, that contains the specific terms and conditions regarding the encroachment. An Engineer's Consent is not registered against the property but a copy is provided to the landowner and the original is kept on file at the City.

How do I make an application?

First, contact the  (519 661-2500 Ext. 4908) which is responsible for administering Engineer's Consents and Encroachment Agreements. Information required include the specifics of the encroachment, the PIN printout for subject the property as well as a copy of the easement document which are available from the Land Registry Office. City staff will determine:

• Whether or not the encroachment will be allowed.
• Whether the application will be processed as an Encroachment Agreement or Engineer's Consent.

If the City is willing to agree to the encroachment, a formal submission is required which includes:

• three paper prints of a plan of survey signed by a licensed Ontario Land Surveyor showing the easement and the precise extent of the encroachment over the easement, and include a cross-section showing the location of the pipe and the elevation of the bottom of the footing of the encroachment. Elevations are to be geodetic and referred to the City's vertical datum. If possible, the survey plan should be submitted on an 8.5" x 14" (legal size) paper.
• PIN printout of the property
• PIN Block Map
• copy of the instrument/transfer by which the City originally took title to the easement
• full name and address of the owner(s) of the property
• in the case of an Engineer's Consent, a cheque in the amount of $50.00 (no tax) made payable to "City Treasurer".
• in the case of a full encroachment agreement, a cheque in the amount of $95.00 plus H.S.T. payable to "City Treasurer".

Submit the application to:

Geomatics Division

City Hall, Room L106

300 Dufferin Ave

London ON N6A 4L9

In the case of an Engineer's Consent, an agreement will be drawn up, signed by the City Engineer and landowner or landowner's agent. The original is retained by the City and a copy is provided to the applicant.

In the case of a formal Encroachment Agreement, the application will be forwarded to the City's Legal Department for processing. A legal agreement will be drafted and sent to the applicant's lawyer for execution. It is then returned to the City where it is approved by by-law passed by Council and registered against the property. The registration and related fees are the responsibility of the City and are included in the application fee.

What constitutes "building or other structure"?

Most any permanent or semi-permanent building or structure with a foundation is included in this restriction and therefore are prohibited from being erected over an easement. This includes decks and other immovable objects. Fences are permitted, however, as are garden sheds with no foundations and above-ground pools. Please note that the landowner is responsible for dismantling and removing the shed and above ground pool upon notice being given that the City requires access to the easement. Paved driveways and drive curbs are permitted to be placed over an easement but no curbs or retaining walls with foundations are allowed. Also prohibited are concrete patios and walkways around pools. With the exception of trees, landscape planting is permitted.

How do I find out if there is an Encroachment Agreement or an Engineer's Consent for my property?

Since encroachment agreements are registered on title, a title search of the property at the Land Registry Office will reveal the existence of any encroachment agreements. To inquire about an Engineer's Consent, please call Customer Relations at 519 661-4570.

Requests to confirm legal status of existing encroachment agreements will generally not be responded to, it being noted the City does not offer an inspection service to confirm the status of existing encroachments. Until the agreement has been deleted from the property's title, the City considers the agreement to be fully enforceable as per the terms of the agreement. Any outstanding charges will be listed on the property's tax certificate.

Where the encroachment has been removed most encroachment agreements contain wording that effectively terminates the agreement once the encroachment has been physically removed. However, any charges will continue to be levied against the property until the agreement has been deleted from title. To delete an agreement from title, sufficient proof that the encroachment has been removed must be provided to the   (519 661-2500 Ext. 4908) together with an Acknowledgement and Direction to remove the agreement. Once confirmed by Geomatics, the A&D will be forwarded to the appropriate Civic Authority for execution and be returned to the applicant for registration to have the encroachment agreement removed from title. Proof of registration must be provided to the City so the related charges can be deleted from the property's tax roll.

Questions?

If you have any questions regarding Encroachment Agreements or Engineer's Consents please contact the Geomatics Division at 519 661-2500 Ext. 4908 or by  .