Procedure for "Lifting" One Foot reserves
This resource page explains the procedures for "lifting" or releasing one foot (0.3 metre) reserves as may be required under the terms of Consents, Site Plan Approvals and registration of Plans of Subdivision.
What is the purpose of having one foot reserves?
Reserves are commonly used by municipalities to prevent direct access from private property to public highway. If permission has been granted through either the land division or Site Plan Approval process the reserve must be "lifted" in order to gain legal access to public highway. This is done by making a formal application to the City.
How is the reserve actually "lifted"?
In most cases the City "lifts" reserves by dedicating them as public highway whereafter they become part of the road allowance they abut. Occasionally reserves are transferred to the abutting owner but since this is a more costly and time consuming procedure the City reserves the right to determine the appropriate method.
What is the procedure for having the reserve lifted?
A formal written request must be submitted to the City's Geomatics Division along with proof that access to public highway has been granted in the form of an approved Consent or Site Plan Approval. Note: The Geomatics Division, Environmental and Engineering Services Department administers the release of all such reserves. Please do not contact the Planning Department, Realty Services or the Legal Department.
The application must include:
- A written request to have the reserve lifted either from the owner of the property or the owner's agent.
- Documentation providing proof that the City has authorized the lifting of the reserve (e.g. development agreement, Consent etc.)
- The PIN printout for the reserve together with a registerable description of the reserve.
- A cheque in the amount of $70.00 (not subject to G.S.T.) payable to the City Treasurer to cover registration fees.
Please note Item 3. The applicant is responsible for ensuring the legal description of the reserve (or the portion being lifted) is acceptable for registration by the Land Registrar. A reference plan (provided at the applicant's expense) will be necessary where only a portion of the reserve is being lifted.
If the reserve is to be lifted by having it dedicated as public highway, the necessary dedication bylaw will be tabled at the next Council meeting.
In the case where a reserve is to be transferred to (i.e. purchased by) the abutting owner, the reserve must be declared surplus by the Board of Control/Council. This involves Realty Services and requires at least two months to process. The reserve will have to be purchased by the applicant and Realty Services is responsible for setting the value. The transfer involves the City's legal department and the applicant is responsible for retaining their own lawyer to facilitate the transfer.
Please note that reserves will not be lifted until after the Development Agreement/Site Plan Agreement or Consent has been executed.
What about reserves blocking access to a new registered Plan of Subdivision?
Upon registration of a new plan of subdivision, and depending on the conditions of the particular Development Agreement, the Geomatics Division will automatically submit the necessary dedication bylaw required to provide legal access to public highway. This process requires up to eight weeks to complete after registration of the plan of subdivision. There is no fee for this service.
Please be advised that beginning in 2003 new subdivisions with internal street connections to existing residential subdivisions may not be allowed until such time as the subdivision has been assumed by the City. In these cases the streets will be barricaded and reserves will not be dedicated until the City is ready to assume the streets.
I have discovered what appears to be a remnant or forgotten reserve on a Plan of Subdivision that restricts my access to public highway. What is the procedure for having the reserve lifted?
If you discover a reserve that you believe should have been lifted as the result of the registration of a Plan of Subdivision, please submit a formal request in writing together with a copy of the PIN printout of the reserve to the Geomatics Division. The request will be reviewed and, if approved, the necessary dedication bylaw will be requisitioned. There is no cost for this service but the applicant may be responsible for providing a registerable description, if required.
Please note this only applies to reserves on registered Plans of Subdivision. The request to lift other reserves will be subject to the requisite proof being provided that permission has been granted by competent authority.
Please direct all questions regarding reserves to:
Environmental and Engineering Services Department
Room L106, City Hall
300 Dufferin Ave.
P.O. Box 5035
London, ON N6A 4L9
tel 519 661-2500 Ext. 4908
fax 519 661-6422