It is recognized that there are certain areas which are truly part of the body of water, but it is advisable that they be placed in private ownership.
In this circumstance, a grant of appropriate water lots, with all their attendant rights are provided to the owner. This person obtains “good title” to the property. A deed is registered in the Land Registry Office and the owner acquires suitable rights. The use may be limited to constructing docks or buildings and structures on top of piers etc. or utilizing the area as a marina. In any event, the owner can exclude others from trespassing and to all intents and purposes has all the legal rights that one would have with the ownership of land.
A good example of the use of water lots will be found in the area occupied by Ontario Place in Lake Ontario, and the area occupied by the Toronto Island Ferry at the base of Bay Street.
Brian Madigan LL.B., Broker