Please ensure Javascript is enabled for purposes of website accessibility APPLICATION FOR ENCROACHMENT/EASEMENT AGREEMENT - Haldimand County

APPLICATION FOR ENCROACHMENT/EASEMENT AGREEMENT

APPLICATION FOR ENCROACHMENT/EASEMENT AGREEMENT

The Corporation of Haldimand County does not permit encroachments of any kind on or over County Property. From time to time circumstances arise where land occupants inadvertently occupy portions of municipal property. The nature of the encroachment is often one that is financially unrealistic to address in that it would involve demolition of a building or structure. Inquiries of this nature generally benefit one stakeholder and not residents of the municipality on the whole. By by-law, the County has established a non-refundable administrative fee which must accompany each inquiry that is submitted to the County. An Encroachment Agreement acknowledges the existence of an encroachment onto the municipally owned land. All costs that are incurred by the municipality in connection to the completion of the Encroachment 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.

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%. By by-law, the County has established a non-refundable administrative fee which must accompany each inquiry that is submitted to the County. An Easement Agreement acknowledges the existence of an easement onto the municipally owned land. 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.

UntitledThe following items must be submitted with your application:
Pricing scheduled to update yearly

APPLICANT INFORMATION

Applicant Name(Required)
Address(Required)
Are you the registered owner of the property?(Required)
If you answered No, please fill in the "OWNER INFORMATION" section below

OWNER INFORMATION

Owner Name(Required)
Address(Required)

LAWYER INFORMATION

Lawyer Name/Firm Name
Address

ENCROACHMENT/EASEMENT PROPERTY INFORMATION

Address(Required)
Property Type(Required)

ENCROACHMENT/EASEMENT INFORMATION

*Please attach photos and/or drawings to support the above information*
Drop files here or
Max. file size: 512 MB.

    Acknowledgement

    By signing below, acknowledge and agree that the owner of the property in the event this application is approved, will be required to enter into and Encroachment/Easement Agreement with the County and that I 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. I 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, by myself, my 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, I hereby consent to the municipality of Haldimand County making this application and it’s supporting documentation available to the general public, including copying and disclosing the application and its supporting documentation to any third party upon their request. I agree and acknowledge that I have read through the important information for all and understand the terms set out therein.
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    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.on.ca