Important Information for Applicants
Subject to Council’s approval to proceed with a sale, all administrative costs of the closure and sale are borne by the purchaser(s). These administrative costs include such things as advertising, legal fees, appraisal fees, etc. The purchaser is also required, at their cost, to initially obtain a draft reference plan in order to facilitate the closure procedure, and facilitate having the reference plan registered, upon satisfactory acceptance by the County.
Preparation of the conveyance documents and registration of the deed can be carried out by the applicant’s solicitor.
The land itself is sold for no less than the appraised or market value.
Abutting land owners of the road allowance are notified of an intention to purchase the road, and permitted to provide any comments or concerns they may have with the potential of the road closure and conveyance.
The information provided in this application will be included in a report to Council.
All lands are sold on an “as is/where is” basis and the purchaser will be required to sign an Acknowledgement confirming this. Road allowances and alleyways are typically only sold to abutting property owners as these lands are generally insufficient to form a buildable lot.
Applicants should be fully aware that a successful application to close any road or alley may result in additional costs to the Applicant.
Additional costs may include the following:
- Any required Environmental Assessments if applicable.
- Purchase price of the lands to be conveyed in accordance with the Disposal of Surplus Lands Policy Number 2002-06.
- Survey Costs – The Applicant must engage an Ontario Land Surveyor to prepare a Reference Plan and deposit it in the Land Registry Office. The plan must clearly define the extent of the road, alley or walkway to be closed and the manner in which it will be divided between the abutting owners. This Reference Plan must be forwarded to the Property Coordinator for approval prior to depositing it into the LRO via email to properties@haldimandcounty.on.ca.
- Real Estate Fees – Owners will require the services of a solicitor if the closure and conveyance is approved by Council and will also be responsible for any legal fees the municipality may have incurred with respect to the transaction.
The closure of a road or conveyance of a property can be a lengthy process, as set out in the Municipal Act and could take up to a year to complete depending upon the complexity of the closure. The decision to legally close a road is initially considered by a report and recommendation from Legal & Support Services to Council. Roads are not closed and conveyed if such a closure would deny ingress or egress to another individual’s land. Staff and relevant stakeholders are also given an opportunity to review the request and provide their comments, support or concerns to the proposed closure and purchase, all of which are provided to Council for their consideration.
