What Are Riparian Rights?

Owning a cottage on a lake is a dream for many people in Ontario, and for good reason! From swimming and relaxing on the dock to boating, fishing, and beyond, spending time on the water is a big part of the cottage lifestyle.

However, there are certain misconceptions about what exactly cottage owners’ rights are when it comes to enjoying and accessing the water.

In this blog, we’ll go over the basics of Riparian Rights, how they work, and what you need to know if you’re looking to buy a waterfront cottage. Let’s get started.

In Ontario, there are a number of laws and regulations that outline what you can and can’t do as a waterfront property owner – these are called Riparian Rights. While Riparian Rights primarily apply to cottages and properties that are located along a shoreline, they impact almost everyone in Cottage Country both directly and indirectly.

From a legal perspective, Riparian Rights are particularly complex because they can change based on the specific body of water or municipality. Officially, there are more than 250,000 lakes in Ontario. However, not all of them grant the same types of privileges to the property owners that surround them.

About to buy a cottage? Check out these related resources for more helpful insights!

Why Riparian Rights Matter For Cottage Owners

Riparian Rights are generally in place to safeguard your interests as a cottage owner, allowing you to use and enjoy the water without hassle. For example, they protect your right to swim and fish from your property line or use lake water for things like irrigation (within reason). They can also permit you to build select structures along the shoreline – such as a dock or shed for storage.

However, it’s important to note that certain regulations can override basic Riparian Rights in some cases. In Cottage Country, certain municipalities have bylaws or environmental protections in place that could impact your rights as a property owner.

One common example of this is shoreline ownership. Let’s say your cottage is located right on the water – that doesn’t necessarily mean you own the part of the property that makes up the shoreline. Depending on the specific body of water, local regulations could determine the shoreline to be public land, even if it appears to be your property line on the deed.

Shoreline property rights in Ontario can get complicated, so it’s once again important to consult with a professional expert (such as a lawyer or real estate agent) rather than make assumptions.

Public Use & Privacy

Another reason why Riparian Rights are important is that they don’t just protect your water access, but also your neighbours’ access. As an owner, you’ll want to understand how other cottagers in your neighbourhood may use and enjoy the water near your property.

No matter how private a lakeside cottage may seem, it is important to remember that you do not possess exclusive rights to the surrounding water. Most lakes in Ontario are on Crown Land, and as a result, anyone is allowed to enjoy the water. If your cottage is on the shoreline, you could have people boating or swimming right in front of your property from time to time.

Deeded Water Access & Easements

In Ontario Cottage Country, everyone has access to the water in some way or another. When a property is located near a lake but not on the shoreline, the owners (or renters) typically access the waterfront through a shared access point. A common example of this would be a trail or roadway that leads to a community beach or dock.

These water access privileges (known as easements) are registered in the property deed, ensuring owners have the right to enjoy the lake even if they don’t live directly on it.

What is Right of Way?

In real estate, the right of way through private property is a type of easement where one property owner allows another to cut through a piece of their land on their way to a public area or another property.

Right of way easements are common in Cottage Country, and it’s important to be aware of them if you buy a waterfront property that neighbours will be passing through to reach the lake.

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About to Buy a Cottage? We Can Help!

If you’re thinking about buying a cottage, Riparian Rights is just one of many reasons why you should work with a professional expert who understands the unique nuances of waterfront properties and the regulations that apply to them. That’s where we come in – Cottage Vacations Real Estate.

As leaders in Cottage Country’s dynamic real estate landscape, we can help you find the right cottage for your lifestyle and your investment portfolio. As part of our educational approach, we’ll also ensure that you understand your Riparian Rights as a cottage owner.