So, You Want to Buy a Waterfront Property?

Five things to consider before you purchase a cottage, recreational property, or waterfront home.

By Slonee Malhotra

While the average person may be familiar with the standard residential resale transaction, most buyers are unfamiliar with the factors involved in purchasing waterfront property.

Here is a small glimpse into some of the areas we recommend investigating prior to submitting your offer:

1. Land Access

It goes without saying that if you purchase a property, you need to be able to get to it. Some waterfront properties may only be accessible by boat or private roadways maintained by a private cottage association. Alternatively, access may have been negotiated privately many years ago with the neighbouring property owner. Is this access transferrable to the new purchaser? Even though, on paper, it may look like you have access through a certain form, is that the reality? Has the access been overgrown? Is the roadway presently useable? It is essential to ensure that the access works for you, your lifestyle, and your budget.

2. Landscape

Whether you are hoping to enjoy sunny days on the dock, or watersports on the lake, you should take into account the landscape of a waterfront property. Is the property shaded by trees? Is it facing the right direction to get some afternoon sun? Is it in a secluded channel, or on the open lake? If the present landscape doesn’t work for you – are you permitted to make changes? Are there restrictions against cutting down mature trees? Are you able to extend the existing dock?

3. Zoning and Land Use

There are two particularly important zoning and land use considerations for your waterfront purchase. When you purchase a waterfront property, there may be a shoreline road allowance that is owned by the Crown. When these waterfront lots were originally created by the government, a 66-foot shoreline road allowance was created between the water and the lot that the properties were built on. Did a previous owner purchase this shoreline road allowance? Is it still owned by the Crown? This is an important inquiry if you plan to use and access the waterfront.

Also related to zoning and land use, many waterfront properties are in or nearby environmental protection areas. In these areas, there may be a requirement to preserve existing mature trees, a prohibition on construction or other restrictions on use. Understanding the impact of these zoning requirements before your purchase will eliminate potential unexpected surprises.

4. Water Quality and Septic System

Because cottage properties are often on a well-water system, buyers should beware of the potential health and contamination issues that can be present. For example, there could be cross contamination between the sewage and well system on a property. Animals such as birds may contaminate the well with feces. Have you confirmed that the water is “potable”? Was the septic system installed with the requisite permits, are there any leaks and is a pump out necessary before closing? Make sure the septic system has the processing capacity you need it to have. If you plan on building an addition to a property, it may require a larger septic system.

5. Amenities

Finally, make sure that the property has the amenities you desire, and if not, make sure you are able to add them. For example, if purchasing a boat is a must have for your new property, make sure there is a boathouse. Similarly, if you plan on laying on the dock all summer long, make sure there is one to lay on. Zoning and permitting rules work a little bit differently for waterfront properties. Since homebuyers often only have “riparian rights” to the water that the property fronts (the right to access and use the water, but not the right to diminish or pollute it), it may be left to the discretion of the municipality on whether you are permitted to build a dock or boathouse.

This list is certainly not extensive. It is only a small glimpse into some of the potential issues you may encounter in purchasing waterfront property.

Do your research and receive proper advice before signing an offer to purchase waterfront property. If you have any questions, contact one of our qualified real estate lawyers today!