Encroachment agreement with a municipality
Negotiates a registered agreement for private use of municipal land, such as a retaining wall, driveway or landscaping.
What is included
- Checks the zoning, official plan and lot requirements for your property
- Prepares the application to the Committee of Adjustment or the municipality
- Coordinates the survey, drawings and any planning report
- Consults with neighbours and municipal staff where helpful
- Attends the hearing and helps meet the conditions of approval
What is not included
- Municipal application, appeal and tribunal fees and other disbursements
- Reports from planners, engineers, surveyors and other consultants
- Further appeals or proceedings beyond the scope confirmed in writing
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Homeowners creating a new lot or adjusting a boundary
- Owners adding a basement apartment, garden suite or other additional unit
- Owners needing relief from a zoning requirement
Information to have ready
- 1The property survey and deed
- 2A description of what you want to build or create
- 3Any pre-consultation notes from the municipality
- 4Drawings or plans prepared so far
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $1,500–$3,500, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Can a neighbour appeal a planning decision?
Recent changes to Ontario's Planning Act have limited third-party appeal rights for many types of decisions. The lawyer can confirm who may appeal in your situation.
What is a minor variance?
It is permission from the Committee of Adjustment to depart slightly from a zoning by-law, such as a setback or height limit. The Committee considers whether the request meets the tests in the Planning Act.
Do I need a planner as well as a lawyer?
Often, yes. A land use planner usually gives the planning evidence at a hearing, while the lawyer handles the legal process and presents the case.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No approval or decision can be guaranteed; council, the tribunal or the court decides
- Appeal rights and deadlines are set by statute and usually cannot be extended
- Ontario's planning rules change often, so the lawyer confirms the rules that apply to your matter
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