APPLICATION FOR ENCROACHMENT/EASEMENT AGREEMENT
APPLICATION FOR ENCROACHMENT/EASEMENT AGREEMENT
The Corporation of Haldimand County does not permit encroachments of any kind on or over County Property. From time to time circumstances arise where land occupants inadvertently occupy portions of municipal property. The nature of the encroachment is often one that is financially unrealistic to address in that it would involve demolition of a building or structure. Inquiries of this nature generally benefit one stakeholder and not residents of the municipality on the whole. By by-law, the County has established a non-refundable administrative fee which must accompany each inquiry that is submitted to the County. An Encroachment Agreement acknowledges the existence of an encroachment onto the municipally owned land. All costs that are incurred by the municipality in connection to the completion of the Encroachment Agreement will be payable by the Applicant. Such costs may include the following items: a) the costs of any necessary reference plan, survey or sketches, if required; b) the cost to obtain information from the Land Registry Office; and c) the legal fees incurred by the municipality, if required.
All costs relating to the creation of the easement agreement and registering the easement with the LRO will be at the Applicant. Historically, if an easement in perpetuity is being granted, and the easement will include permanent infrastructure within it, the market value of the lands would be discounted by 25%. Alternatively, if the easement lands would not have any infrastructure installed within it, the market value would be discounted by 50%. By by-law, the County has established a non-refundable administrative fee which must accompany each inquiry that is submitted to the County. An Easement Agreement acknowledges the existence of an easement onto the municipally owned land. All costs that are incurred by the municipality in connection to the completion of the Easement Agreement will be payable by the Applicant. Such costs may include the following items: a) the costs of any necessary reference plan, survey or sketches, if required; b) the cost to obtain information from the Land Registry Office; and c) the legal fees incurred by the municipality, if required.