Situation
During the course of improving the County Road System, road realignments have created numerous small parcels of unused road right-of-way which are no longer of any use to the public. These parcels are normally abandoned and the adjacent owner is allowed to take possession of the land. However, title to the land remains vested in the Counties unless action is taken by the Counties to revert the land to the local municipality or to otherwise dispose of it.

Section 297 (1) c and d of The Municipal Act provides that the Counties may stop up, close and sell a part of a highway subject to the restrictions imposed by Section 297(5), Section 298, 300 and 315. The authority of the Counties does not apply to any portion of a highway which comprises part of the original system of road allowances of a Township.

The situation often arises where the adjacent owner wishes to obtain legal title to an unused and abandoned portion of a County Road Right-of-Way and this policy statement has been prepared to outline the procedures and conditions by which this may be accomplished.

Policy
It is the policy of the United Counties of Leeds and Grenville to convey an unused and abandoned road right-of-way to the adjacent owner on request where it is deemed to be in the public interest to do so. It is the Counties´ intent that the conveyance be carried out in the most economical and expeditious means while still being thorough.

In order to expedite this policy, the following procedure should be followed:

1. The registered owner of the land abutting onto the parcel of old road right-of-way shall apply in writing to the Counties to:

a. request that the old road be stopped up, closed and sold to him,

b. advise that he is the registered owner of the property abutting on the parcel of old road in question,

c. agree to pay all legal and survey costs involved,

d. provide a sketch of the parcel of land in question including: Road Number, Lot, Concession, Township, outline of old road property in question, limits of applicant´s property.

2. The County Road System Committee will consider the request and may authorize the sale of the land subject to any conditions it may deem advisable. The Committee may place a monetary value on the property although only a nominal consideration of One Dollar ($1.00) is usually required. The Committee´s authorization is limited to a continuation of the procedure since only the Counties´ Council has the right to pass the necessary by-laws.

If after the closing procedure has been completed and the Council declines to pass the prerequisite by-law, the Counties can assume no liability.

3. If the Applicant still wishes to proceed, he shall:

(a) prepare the notice required by Section 300 of The Municipal Act and submit the said notice to the Counties´ Administrator-Clerk-Treasurer for his approval. This is necessary since the said Counties Official´s name is required on the notice.

(b) have a legal description of the property prepared. In some cases, the County Roads Department may be able to provide the description and the Applicant will be so advised.

(c) publish the said notice in accordance with Section 300.

(d) following publication of the notice, the Applicant shall provide the Counties with:

L a certificate or other confirmation of the publication,

ii. a declaration or affidavit that the Applicant is the registered owner of all lands abutting on the parcel of old road to be stopped up, closed and sold,

m. a draft copy of the by-law to be passed by the Counties´ Council.

4. The Counties shall prepare the formal by-law and submit it for consideration at the next session of the Counties´ Council. Upon passage, a certified copy of the by-law shall be sent to the Applicant.

5. The Applicant shall prepare and present to the Counties, a deed to the property for execution by the designated County Officials. The Applicant shall ensure that the Grantees named on the deed are the same as for the abutting property so that the property conveyed by the Counties shall be come part and parcel of the Grantees´ existing property.

6. The Counties shall execute the deed and return it to the Applicant upon receipt of which the Applicant shall promptly register the deed and the certified copy of the by-law in the Registry Office. The Applicant shall advise the Counties of the Instrument Number of the deed and the by-law for its records.

7. It is expected that the Applicant will engage the services of a solicitor to carry out the procedures outlined herein.

8. The contact person for the Counties shall be the:

Director of Public Works, Planning Services & Asset Management,
25 Central Ave W, Suite 100
Brockville, ON, K6V 4N6

Telephone: (613) 342-9246 Fax: (613) 342-3069