Riparian Rights and Locating the Evidence (Ontario)

Question:

The survey shows the property line is at water’s edge. The Land Registry shows the line ends there too. The City says there aren’t riparian rights

The listing agent insists that there are riparian and is citing a lawyer’s opinion about it.

Answer:

The survey generally shows no border between the property and the water if there are riparian rights.

If there is a boundary line at the water’s edge, that usually means that there is indeed a specific boundary and that’s where the property ends. That would mean no riparian rights. What does Part 2 say?

Even if there were initially riparian rights, then often they have been relinquished. That’s a potential problem as well.

If there is a legal opinion supporting riparian rights then you should get a copy of it to see what it says. Frequently, legal opinions say “maybe” rather than “for sure”.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource

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