Application for Encroachment / Easement Agreement

The County does not typically permit new encroachments on or over County property however any pre-existing or historical encroachments may be considered. Other considerations for encroachments include wheelchair ramps, porches, steps and eaves, as well as those resulting from County programs such as the seasonal patio program.

All costs relating to the creation of the easement agreement and registering the easement with the LRO will be at the Applicant. Historically, if an easement in perpetuity is being granted, and the easement will include permanent infrastructure within it, the market value of the lands would be discounted by 25%. Alternatively, if the easement lands would not have any infrastructure installed within it, the market value would be discounted by 50%.

All costs that are incurred by the municipality in connection to the completion of the Easement Agreement will be payable by the Applicant. Such costs may include the following items:

a) the costs of any necessary reference plan, survey or sketches, if required;

b) the cost to obtain information from the Land Registry Office; and

c) the legal fees incurred by the municipality, if required.

A non-refundable administrative fee must accompany each inquiry that is submitted to the County. An Encroachment Agreement acknowledges the existence of an encroachment onto the municipally-owned land.

Work will not commence until the above requirements have been met. Pricing schedule to be updated annually.

Applicant information

Lawyer information

Encroachment/easement property information

Encroachment/easement information

Payment information

This application will not be processed until the application fee is paid.

Payment can be made:

• in person at the Haldimand County Administration Building, 53 Thorburn Street South, Cayuga ON; or
• via mail, please send a cheque payable to:
  • The Corporation of Haldimand County
  • Attention: Property
  • 53 Thorburn Street South
  • Cayuga ON N0A 1E0

Acknowledgement

By signing below, you acknowledge and agree that the owner of the property in the event this application is approved, will be required to enter into an Encroachment/Easement Agreement with the County and will be required to retain a solicitor to complete three (3) original encroachment/easement agreements and register the agreement against the title to the subject property, all of which will be at the owners/applicant's expense.

You further agree and acknowledge that the information contained in this application and any documentation, including agreements, reports, studies and drawings, provided in support of the application, yourself, your agents, consultants and solicitors, constitutes public information and will become part of the public record. As such, and in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, you hereby consent to the municipality of Haldimand County making this application and its supporting documentation available to the general public, including copying and disclosing the application and its supporting documentation to any third party upon their request. 

Application process

If you have any questions or require assistance in completing this application, please contact Melissa Lloyd, Property Coordinator by phone at 905-318-5932 ext. 6124 or by email to properties@haldimandcounty.ca.