You would have an existing encroachment on Town property if a building, structure, vegetation, man-made object, item of personal property, etc. occupies or partially occupies Town owned lands.
You may want to build something that would encroach on Town owned lands. This would mean that the encroachment doesn't exist yet but you need to ask permission for it to exist in the future.
There is no legal obligation for the Town to enter into an Encroachment Agreement for any encroachment.
We have an application process for anyone who wants to obtain permission for a new encroachment or wants to keep an existing encroachment.
To ask for permission for a new encroachment or to allow an existing encroachment to remain, we encourage you to first speak to staff. If it is determined that there is a possibility that an encroachment agreement may be considered by the Town, you will need to complete and submit the application form along with the application fee (ask staff about the current fee). Staff will review the application and decide if it is in the Town's best interest to enter into an encroachment agreement. If staff determines that an encroachment agreement will be permitted, a survey will be required that shows details of the encroachment. An agreement will be executed with the owner of the encroachment and the agreement will be registered on the title of the lands where the encroachment originates. The owner of the encroachment will be required to provide proof of insurance for the encroachment, naming the Town as an additional insured.
All costs associated with the encroachment agreement will be the responsibility of the owner of the encroachment.
For a more detailed explanation of the process, please refer to the by-law.
