HALDIMAND COUNTY

Report CS-SS-08-2016
of the General Manager of Corporate Services
For Consideration by Council in Committee

RE: Road Closure, Conveyance and Deletion of

Haldimand County's Interest in Old Lakeshore Road

OBJECTIVE: To obtain Council authorization to close Old Lakeshore Road, convey

lands to the abutting owners and delete the interest of the municipality
contained within the title for various properties.

RECOMMENDATIONS:

1. THAT Report CS-SS-08-2016 Re: Road Closure and Deletion of Haldimand County's
Interest in Old Lakeshore Road dated April 11, 2016 be received;
2. AND THAT the shoreline road allowance, known as Old Lakeshore Road, lying within the
Haldimand County boundary, be stopped up and closed;
3. AND THAT public notice of the proposed closure be published for two weeks in the local
newspaper;
4. AND THAT a By-law be passed to authorize the closure;
5. AND THAT, in accordance with the criteria outlined in Report CS-SS-08-2016, the
Manager of Support Services be given delegated authority to convey portions of Old
Lakeshore Road for $1.00, with final approval being given via the passing of a bylaw;
6. AND THAT, in accordance with the criteria outlined in Report CS-SS-08-2016, the
Manager of Support Services be given delegated authority to consent to the deletion of
any “subject to interest” notation on affected properties that do not require a conveyance;
7. AND THAT the Mayor and Clerk be authorized to execute all necessary documents to
give effect to the intention herein.

Prepared by: Reviewed by:

Sandra Marsh Cathy Case

Property Coordinator Manager, Support Services
Date: April 11, 2016
Respectfully submitted: Approved:

Karen General Donald G. Boyle

General Manager Chief Administrative Officer
Corporate Services Department
Council in Committee Report: CS-SS-08-2016
Date of Meeting: April 26, 2016 Page 1 of 7
BACKGROUND:

Title issues regarding the shoreline road allowance running along the north shore of Lake Erie in
Haldimand County have been problematic for quite some time. This is a legacy issue arising out
of construction of a new road many years ago due to erosion rendering the former Lakeshore
Road as unpassable. At that time, parts of “Old Lakeshore Road” were closed by a By-law of one
of the three former municipalities (Town of Dunnville, Town of Haldimand and City of Nanticoke)
with some parcels conveyed to abutting owners, while other parts remain as unopened road
allowance.

There appear to be several title issues along the lakeshore that can be categorized as follows:

1. Sections of Old Lakeshore Road have been closed but remain in the County’s name and
have not been conveyed to abutting owners, although the land is being used as their own.
2. Sections of Old Lakeshore Road have been closed and appear on title as being owned by
the abutting owners, however, the land is “subject to the interest” of the municipality;
therefore, there is a cloud on title for the abutting owner.
3. Sections of Old Lakeshore Road have not been closed and ownership remains in the
County’s name.
4. Sections of Old Lakeshore Road have not been closed but, for some reason, are on title
in the abutting owner’s name, however, the land is “subject to the interest” of the
municipality; therefore, there is a cloud on title for the abutting owner, and the road needs
to be formally closed.
5. Sections of Old Lakeshore Road have been closed by bylaw and conveyed to the abutting
owners. These sections have clear title and no longer involve the County. No further action
is required for these types of properties.

Items 1-4 above create a problem for the abutting property owner by not providing clear title which
could affect the marketability of their property and possible future sales.

Staff performed sub searches of several properties in Haldimand County, which abut Lake Erie,
in order to determine which properties the County has an interest in. Searching is extremely
difficult as the land records are unclear. There is confusion as to the existence and location of a
shoreline road allowance, known as Old Lakeshore Road, as there was no separate PIN or
abstract created to identify this “road” at the Land Registry Office for most properties. A map of
the approximate location of the affected shoreline road allowance is included as Attachment #1.

From a physical point of view, access to Old Lakeshore Road is not possible in several areas
along Lake Erie because the road bed is not physically present. The lands upon which the road
bed was formerly situated is now part of the abutting landowner’s bank, on the beach or partially
under water. The County does not currently occupy or maintain this section of Old Lakeshore
Road and these lands are, for the most part, being maintained by the abutting landowners. It
should also be noted that, where title to the former road is unclear, the County could hold some
liability with respect to the land.

Council in Committee Report: CS-SS-08-2016

Date of Meeting: April 26, 2016 Page 2 of 7
ANALYSIS:

Council may recall, in 2012, a similar report (CS-SS-20-2012) dealing with a particular area along
the lakeshore in the former City of Nanticoke. As a result of legal advice at the time, approval
was given for staff to provide “comfort letters” as requested acknowledging the municipality’s
interest in the Old Lakeshore Road lands, but confirming that the County has no intention of
making a claim against, or taking possession of any portion of the lands.

The County continues to receive requests to have the title issues resolved related to Old
Lakeshore Road. Upon further consultation with the County’s solicitor, staff were advised that the
County could close the entire Old Lakeshore Road within the Haldimand County boundary and
seek delegated authority to convey portions of the closed Old Lakeshore Road, upon request
from an abutting owner, for a nominal amount. Individual by-laws authorizing such conveyances
will still need approval by Council as each transaction occurs.

In keeping with the County’s normal road closure procedure, staff circulated a “Road Closure
Inquiry Form” to Haldimand County Hydro, Union Gas, Bell Canada, Rogers Cable, Grand River
Conservation Authority, Long Point Conservation Authority, the Ministry of Natural Resources and
Forestry and the following Haldimand County Divisions: Building Controls & By-Law Enforcement,
Community Development & Partnerships, Economic Development & Tourism, Emergency
Services, Engineering, Environmental Services, Facilities & Parks Operations, Planning, and
Roads Operations. All comments received supported the closure with no requirements for
easements at this time. When a request to purchase a portion of the closed road is received by
the County, staff will contact relevant agencies and County divisions to determine if easements
are required, prior to the conveyance of each portion of road allowance.

The M u nicipalA c t, 2001, requires the County to obtain the necessary consent from the Ministry
of Natural Resources and Forestry or the Crown (depending on the circumstances) before
conveying roads that abut water. Although the County is not conveying the lands at this time, and
in some cases, merely releasing its interest in the land, the required consent has been received
from The Ministry of Natural Resources and Forestry to release any interest the County has in
the affected lands.

In order to rectify the varying problems along Old Lakeshore Road where the road has not been
formally closed and/or the property remains on title in favour of the County, staff are proposing
that one By-law be passed to close the entire Old Lakeshore Road within the Haldimand County
boundary. Once this occurs, the County can convey the closed portions of Old Lakeshore Road,
upon request, to the applicable abutting owner for those areas where the ownership may be in
question. A bylaw would be presented to Council for each conveyance. This addresses items 1,
3 and 4 above.

For those properties that simply list the County as having an interest in the land, but the property
is already on title in favour of the abutting owner, the County can sign a consent to release their
interest giving the rightful owner clear title. A bylaw is not necessary in these circumstances. This
addresses items 2 and 4 above.

It is recommended that the County divest itself of ownership of the closed road allowance by
conveying applicable portions to abutting owners or consenting to the removal of municipal
interest over the lands, for the following reasons:

Council in Committee Report: CS-SS-08-2016

Date of Meeting: April 26, 2016 Page 3 of 7
 1. Old Lakeshore Road is no longer necessary for municipal purposes;
2. Divesting of Old Lakeshore Road removes municipal liability. Until such time that the lands
are conveyed, ownership liability still exists, however, the majority of abutting landowners
are already using the property or treating it as their own;
3. Conveying to abutting owners will give them free and clear title to their land and address
legal access issues to the water. Once the road is closed, abutting owners will not have
legal access to the water until such time as the lands are conveyed to each abutting owner.
This may cause some complaints from abutting owners, however most abutting owners
are already treating the land as their own – including some who have occupied County
land with structures. Furthermore, parts of Old Lakeshore Road are at the waters edge or
under water and are not physically dissecting the abutting property so access to the beach
is not an issue for some.
4. Providing free and clear title to abutting owners will allow better marketability of their
property in the future.

If Council approves the recommended approach to address the issues associated with Old
Lakeshore Road and abutting properties, staff will extend the normal advertising period giving
notice to the public for two weeks, and following that, will complete the road closure process.
Subsequent to passing of the Road Closure By-law, staff will convey or consent to release the
applicable sections of Old Lakeshore Road on the following basis:

 Staff will begin at one end of the County and approach property owners about having the
lands conveyed to them for a nominal value, plus associated costs. This will be done
gradually and as time permits, considering other property matters and workload.
 Staff will also address requests on an individual basis for those property owners who do
not wish to wait until staff “reach” their portion of the lakeshore, prioritizing those who have
a pending sale that is reliant on clear title or other extenuating circumstances. The land
would be conveyed at a nominal fee plus associated costs.

Costs to the abutting owner, associated with the conveyance of the portions of closed road
include: the County’s standard administration fee of $211.00 (2016 rate), registration costs of $75,
title searching fees, legal costs to close the transaction, and a survey if required by the Land
Registry Office. In many cases, the Land Registry Office no longer requires a Reference Plan,
however, the abutting owner will be made aware if this is not the case before the processing of
the conveyance.

Delegated Authority for Affected Properties

There are multiple properties located along Old Lakeshore Road in which the municipality has
ownership, or an interest in, but it is difficult to determine the exact number. In the past, a variety
of situations have been brought to Council individually where the facts were similar in nature, and
sometimes different approaches were taken in order to try and deal with title issues. As property
owners come forward with requests to address the title problems, staff will review the
documentation to confirm if the facts are similar to the issues outlined in this report and meet the
following criteria:
 the records of the Land Registry Office indicate that the Municipality is the owner of, or
has an interest in the land;
 the appropriate landowner is making the request;
 any necessary administration fee is paid to the County; and
 any costs associated with the conveyance will be borne by the requesting party, including
all survey, registration and legal costs.

Council in Committee Report: CS-SS-08-2016

Date of Meeting: April 26, 2016 Page 4 of 7
If the above are satisfied, it is recommended that the Manager of Support Services be delegated
the authority to consent to the removal of the County’s interests in the affected lands. Such action
will not require a subsequent staff report but will require a bylaw for each conveyance to be
presented directly to Council for approval. Subsequently, the lands would be conveyed to the
abutting owner for $1.00. In situations where all that is required is a consent to release the “subject
to interest of the municipality” notation, it is recommended that the Manager of Support Services
be provided delegated authority to approve the consent, pending the necessary criteria being met.
The Mayor and Clerk will be required to sign the applicable documents for execution in situations
where delegated authority is used. This will allow the County to rectify these types of situations in
a timely manner for residents, increase internal efficiencies and reduce time spent requesting
Council review of numerous similar matters that essentially correct a longstanding problem along
the lakeshore of the County.

BUDGET/LEGAL IMPLICATIONS:
If the County receives a request from the abutting owner to convey the closed portion of Old
Lakeshore Road for $1.00, or to remove the County’s “subject to” interest in the land, all costs
associated with the request will be the sole responsibility of the requesting party.
The County solicitor concurs with the approach outlined in this report.

INTERDEPARTMENTAL IMPACTS:

Prior to any conveyance of portions of Old Lakeshore Road, staff will consult with County divisions
in order to determine if any easements are necessary.

LINKS TO STRATEGIC PLANS:

Not applicable.

CONCLUSION:

Finding a solution to the title issues arising out of the County’s possible interest in the “Old
Lakeshore Road” lands has been dealt with through various reports to Council over the past
several years. In order to avoid a report being brought to Council for each individual matter, staff
are seeking authority to close the entire shoreline road allowance, also referred to as Old
Lakeshore Road, contained within the Haldimand County boundary. This Road Closure By-law
will encompass the entire length of the former road given that there are random bits and pieces
that were not officially closed by the former municipalities. Staff are also seeking delegated
authority to convey the lands to the abutting owners for a nominal amount, upon request, and/or
to delete the County’s “subject to” interest currently identified on title to these various affected
properties, pending all necessary criteria being met, and bylaw approval where required.

ATTACHMENTS:

1. Location Map.

Council in Committee Report: CS-SS-08-2016

Date of Meeting: April 26, 2016 Page 5 of 7
 REQUIRED AND RECEIVED COMMENTS FROM:
Yes or Not applicable
Clerk’s Not applicable
Community Services Department Not applicable
Finance Not applicable
Health & Social Services Department Not applicable
Human Resources Not applicable
Information Systems Not applicable
Legal Not applicable
Public Works Department Not applicable
Planning & Economic Development Department Not applicable
Support Services Not applicable
Other Not applicable

CLERK’S DIVISION REVIEW

Report: CS-SS-08-2016 RE: Road Closure, Conveyance and Deletion of Haldimand County's Interest in Old Lakeshore Road

COUNCIL IN COMMITTEE: COUNCIL:

RECOMMENDATION NO RESOLUTION NO:
Approved Approved
Approved with Amendments Approved with Amendments (Noted below)
Defeated Defeated
Deferred Deferred
Other Other

Amended Recommendation(s):

Council Direction:

Clerk’s Division Action Taken:

Council in Committee Report: CS-SS-08-2016

Date of Meeting: April 26, 2016 Page 6 of 7
 Report: CS-SS-08-2016, Attachment 1

Council in Committee Report: CS-SS-08-2016

Date of Meeting: April 26, 2016 Page 7 of 7