Lake Drive Shoreline Action Plan

Land survey work for shoreline land to begin in April 2024

The Town is making good progress on moving the Action Plan forward. Surveying work for the property boundaries of Lake Drive and for the adjacent shoreline will begin this spring, starting early April.

 Surveying is an important step in the Action Plan process as it will allow the Town to determine how much land is available to divest to eligible property owners.

The Town has contracted IBW Surveyors Ltd. to complete surveying services as part of the Action Plan. IBW began its initial work in February 2024 and you may have noticed their crews in the Lake Drive area over the last few weeks. 

With this next phase of survey work beginning in April, IBW staff will need access to private property that falls within the Action Plan Area. IBW staff will attempt to contact property owners or occupants before entering. However, this is not always possible or practical and their staff may have to complete the work without advising an owner or occupant. All IBW staff will identify themselves and provide contact information for the Ontario Land Surveyor in charge, if requested. 

Surveying work will continue throughout 2024. It is estimated that eligible property owners will have the opportunity to gain clear title to lakeside land by the end of 2025.

Questions for IBW Surveyors Ltd. can be directed to:

Rebecca Grieve
Project Manager
905-623-2205 Ext. 140
ibwsurveyors.com

Land survey work to begin the week of February 12 

We are pleased to share that land survey work along Lake Drive North and East will begin the week of Feb. 12, 2024. With mild winter weather, we are able to begin this work earlier than anticipated. 

Surveying land along Lake Drive is the next major step in the Action Plan process. In November 2023, the Town approved a contract award for surveying services to IBW Surveyors Ltd. At a high level, the surveyor’s work will include creating an ownership database, confirming property boundaries and preparing Reference Plans of Survey (R-Plans) for lakeside parcels and the road allowance along Lake Drive.

If you live within the Action Plan Area, you may notice IBW crews around your property. All IBW staff will be in vehicles marked with the IBW Surveyors Ltd. logo. 

Work will begin with setting a control network along Lake Drive. This involves setting control points along the public road which serve as references points for surveyors to determine precise latitude, longitude and elevation. These control points will be iron markers and/or wooden stakes inserted into the ground. You may also notice orange spray paint around the control points to help make them more visible. The spray-paint is semi-permanent and will fade away over time. 

Access to private property is not required at this stage as work will take place on the public road. We expect that IBW Surveyors will begin work on private property later this spring. The Town will update residents before this stage of surveying work begins.

December

On Nov. 22, the Town Council approved key recommendations that will continue to move the Action Plan forward, including:

• Approving the budget to survey lakeside land along Lake Drive, providing a more complete estimate of the potential cost to participate in the Action Plan.
• Approving the contract award for surveying services to IBW Surveyors, providing a timeline for the completion of surveying work.
• That staff report back to the Council on providing eligible property owners the option to purchase land through a payment plan.

Surveying

To implement the Action Plan, the Town must hire a surveyor. The surveyor will play a key role in facilitating the divestiture of lakeside land along Lake Drive and resolving title issues within the Action Plan area. At a high level, the surveyor’s work will include creating an ownership database, confirming property boundaries and preparing Registered Plans of Survey (R-Plans) for lakeside parcels and the Lake Drive road allowance.

Council approved the contract award for surveyor services to IBW Surveyors. Surveying will begin in early 2024 and continue through the year. This is a major step toward completing the Action Plan and resolving longstanding shoreline title issues along Lake Drive.

Cost per lakeside lot

The Town is implementing the Action Plan on a cost-recovery basis. The Town is covering upfront costs to allow the Action Plan to move forward and then costs will be recovered from participating eligible property owners. With the survey procurement process complete, there is now a more accurate picture of the estimated costs per lakeside lot:

• Project administrative costs including dedicated project staff and external legal, planning and communications support at $3,609.
• Lot creation costs $2,433 (this is the cost to survey the land, confirm property boundaries and prepare R-Plans).
• Estimated land transfer and closing costs, $1,000.
• Average land costs $2,714 depending on square footage. In June 2022, Council set the land cost at $2 per square foot.

The estimated average total cost per lakeside lot is about $10,000. This is the average amount that each eligible property owner can expect to pay to gain clear title to lakeside land adjacent to their residential property.

Payment plan

Council directed staff to report back on providing eligible property owners the option to purchase lakeside land through a payment plan. Based on feedback from eligible property owners, the costs to

purchase lakeside land may be a barrier to participation in the Action Plan. A payment plan would allow participating EPOs to spread the cost over time. Staff will report back to Council with more details on a payment plan, including its overall structure, interest rates and duration of payments.

Next steps

Surveying will begin in early 2024 and continue throughout the year. Once surveying is complete and R-Plans are deposited, the project will move to the road closure by-laws and transfer of ownership of lakeside parcels phase. This phase would continue through 2025.

Based on work completed to date, it is estimated that eligible property owners would have the opportunity to gain clear title to lakeside land by the end of 2025.

Once the survey works have confirmed what land the Town has to divest, eligible property owners will be contacted with further details on the option to purchase.

November

Are you a member of a beach association that operates along Lake Drive North or East? We want to hear from you!

The Town wants to engage with beach associations that operate within the Lake Drive Shoreline Action Plan area. In addition to residential property owners, several beach associations exclusively use shoreline land along Lake Drive North and East.

The Town may not have a complete list of beach associations. Part of the engagement is designed to build a comprehensive list of beach association members. In early November residents in the Lake Drive area will receive a letter inviting beach association members to share contact information with the Town and providing information about upcoming engagement opportunities.

There are two ways to provide contact details:

1. Online survey. Beach association members can use the link and code included in the letter to answer a short online survey.
2. Return letter. Beach association members are invited to fill out a short questionnaire and mail it back to the Town using a postage-paid envelope included with the letter.

Creating a list of beach association members will help the Town plan engagement opportunities and share information as the project moves forward.

October

At its September 20 meeting, Town Council received a Staff Report on beach associations that operate within the Action Plan area.

The report set out possible approaches to address beach associations that exclusively use Town-owned shoreline land within the Action Plan Area. Options included entering into long-term lease agreements and selling land, among others. Council recognized that beach associations would need to be registered as incorporated not-for-profit organizations, functioning as legal entities, before engaging in any potential long-term lease or sale agreements with the Town.

Council received the report and approved the recommendations, including directing staff to engage in a consultation process with beach associations for feedback and report back to Council in Q1 2024.

Staff are preparing to consult with beach associations in November 2023 with the goal of gathering feedback and concerns on different approaches to land used exclusively by beach associations and to listen to comments on possible options. Town staff will consolidate this feedback and report back to Council in early 2024. Details about the consultation process will be shared in late October 2023.

September

The Town is reaching out to potential eligible property owners to learn more about their interest in taking part in the Action Plan. Lake Drive property owners who may be eligible to participate in the Action Plan will receive a letter in early September that includes two ways to provide feedback:

1. Online survey. Property owners can use the link and code included in the letter to answer a short online survey about participating in the Action Plan.
2. Return letter. Property owners are invited to fill out a short questionnaire and mail it back to the Town using a postage-paid envelope included with the letter.

If you own property on Lake Drive North or East and have further questions related to the Lake Drive Shoreline Action Plan, please contact the Project Manager.

August

At its August 2 meeting, Town Council received a Staff Report on the status of the Action Plan. Council directed staff to move forward with Step #6 of the Action Plan – sending notices to eligible property owners to gauge the level of interest in participating in the land divestiture process.

Staff were also directed to proceed with Step #7 – beginning the procurement process for land surveying services. Staff were directed to report back to Council in November 2023 with the results of the outreach to residents to determine interest, and the process to hire a surveyor.

May

We are pleased to inform that the project is experiencing significant advancements in the following areas:

• Project moving forward with dedicated staff working on land divestiture for residents.
• Updating and refining the Town's Geographic Information System (GIS) database, thus providing valuable information for future surveys and decision-making.
• Furthering the identification of available lands for sale.
• Identification of lands to be retained for municipal purposes.

The project team is actively working towards achieving the goals outlined in the Action Plan. This includes engaging with stakeholders to ensure a thorough and transparent process is followed. We recognize the importance of consultation with residents and will be developing a communication plan to keep the community informed of our progress.

This fall, we will be seeking resident feedback to gather valuable information on the next phase of the divestiture. The Town plans to distribute a letter to gauge the interest of residents in taking part in the upcoming divestiture. This crucial measure aims to advance the Action Plan.

Furthermore, we are making progress in our preparations to hire a surveyor. Their expertise will be instrumental in surveying the shoreline lands. This step is scheduled to commence this winter and will contribute to a more comprehensive understanding of the area.

We highly encourage all residents to participate in the upcoming feedback sessions and share your thoughts. By working together, we can ensure a fair and inclusive approach to resolving this historical matter.

The project team looks forward to continuing to advance the divestiture of lands to residents and beach associations, and remains committed to working towards a successful outcome.  Further updates will be provided as the Action Plan progresses.

If you own property on Lake Drive North or East and have further questions related to the Lake Drive Shoreline Action Plan, please contact:

Trevor Jacobs, CET, PMP
Senior Project Manager, Corporate Projects
905-476-4301 Ext. 2309
tjacobs@georgina.ca

Beach associations are vital community groups involved in maintaining and conserving shoreline land along Lake Drive.

In addition to eligible property owners, 27 beach associations exclusively use shoreline land within the Action Plan Area. In December 2023, the Town engaged with beach association members to provide information about land management approaches within the Action Plan Area, and to listen to and collect feedback and concerns. This feedback will significantly influence and guide Council’s decisions moving forward.

In addition to virtual and in-person engagement opportunities, beach association members are strongly encouraged to provide feedback through an online survey.

Materials from the engagement sessions are available to view:

1. Presentation from virtual meeting held on December 7, 2023
2. Info sheet
3. Information available at open houses held on December 12 and 15, 2023
4. Beach Associations Map from the September 20 Council Report

Lake Drive North and Lake Drive East in the Town of Georgina are popular scenic lakeside roads. Some residential properties on Lake Drive have direct waterfront access and others have indirect access.

To date, indirect Lake Drive North and East waterfront owners have been accessing the parcel of land on the shoreline for their exclusive use and the Town supports this to continue. However, there are complex land title issues related to this shoreline land that have persisted for decades. To address this longstanding matter in a collective, open and equitable manner, Town Council initiated the Lake Drive Shoreline Jurisdiction Ad-hoc Committee (LDSJC) in 2015, comprised of residents, Council and Town staff to come up with options that would seek to satisfy all stakeholders involved. 

In 2017, after receiving recommendations from the LDSJC, the Lake Drive Shoreline Action Plan was developed, outlining a process of operational and policy decisions geared towards moving the discussion forward to determine a resolution. Town Council has been moving through each step of the Action Plan, acknowledging public feedback as work proceeds towards a solution.

 Action Plan Chart - updated Aug. 10, 2022

Lake Drive Action Plan Area - Map

Public consultation will continue to be an important part of the Lake Drive Action Plan process. Ongoing public reports will be brought to Council and residents are invited to attend or access live streaming.

Report No. DS-2023-0087 Lake Drive Shoreline Action Plan - Surveyor Services - Nov. 22, 2023

Report No. DS-2023-0082 Lake Drive Shoreline Jurisdiction Action Plan – Beach Associations - Sep. 20, 2023

Report No. DS-2023-0071  Lake Drive Shoreline Jurisdiction Action Plan – Project Update - August 2, 2023

Report No. DS-2022-0070 Lake Drive Shoreline Jurisdiction Action Plan project schedule: beach associations – Aug. 10, 2022

Report No. DS-2022-0069 Lake Drive Shoreline Jurisdiction Action Plan project schedule for residential indirect waterfront properties – Aug. 10, 2022

Report No. SI-20022-0006 Lake Drive Shoreline Jurisdiction Action Plan June 22, 2022

Report CAO-2019-0033 Lake Drive Shoreline Jurisdiction Action Plan Next Steps July 24 2019

Report DS-2018-0060 Lake Drive Shoreline Jurisdiction Action Plan - approaches for zoning the lakeside lots/lands June 20, 2018

Report CAO-2018-0009 Lake Drive Shoreline Jurisdiction Action Plan - Policy Step 4 Updates June 20, 2018

Report CAO-2018-0001 Lake Drive Shoreline Jurisdiction Action Plan Policy Step 4 Jan. 10, 2018

Report CAO-2017-0013 Lake Drive Shoreline Jurisdiction Action Plan - Operational Step 2 Oct. 11, 2017

Report CAO-2017-0006 Lake Drive Shoreline Jurisdiction Action Plan Policy Step 1 Aug. 9, 2017

Report CAO-2017-0004 LDSJAHC Recommendations and Proposed Action Plan July 19, 2017

To view additional Council reports and minutes, visit the Lake Drive Action Plan Documents webpage and choose a year from the dropdown menu and click apply.

Informal policies and procedures have been put in place over the years surrounding acceptable uses of the lake front properties in question. Updated and formally approved policies will assist in painting a clearer picture of what is permitted on the shoreline, as well as the rights of abutting owners and any associated liabilities.  

Right now, IBW Surveyors Ltd. are in the process of surveying shoreline lands within the action plan area. This work will help determine lot boundaries and eligibility to participate. 

Once the surveying work is complete, eligible property owners will receive a letter that provides details about the parcel of land across from their property and next steps. 

No. The Town is not looking to take anyone’s property, shoreline or otherwise. The Town aims to establish and maintain the ongoing exclusive utilization of the lands by the indirect waterfront property owners.  

Yes. Indirect waterfront property owners and associations are still able to use and enjoy the waterfront property as they did before. Despite the fact that in some cases the Town owns to the water’s edge and cannot issue building permits on road allowance lands, the Town does not object to owners making reasonable use and maintaining the area between the travelled road and the lake.  

The Town will share specific details with eligible property owners once they are available. 

The estimated average total cost per lakeside lot is about $10,000. This is the approximate average amount that each eligible property owner can expect to pay to gain clear title to lakeside land across from their residential property.

Eligible property owners will receive a letter in the mail or by email, which will include a breakdown of these costs for their particular property. The letter will ask them to indicate whether they are interested in purchasing the lakeside land and to provide feedback on the draft survey plan. 

Transferring of the lakeside land and related payment are expected to take place towards the end of 2025 to allow for the registration of the survey plans and new shoreline zoning to be in place. Further details on the availability of a payment plan will be provided closer to that time.

Some repairs may be undertaken without the need for a building permit. This is regulated by the Provincial Building Code Act. The need for a permit may be confirmed by contacting the Building Division. Currently, the Town of Georgina is not issuing building permits on shoreline lands within the Action Plan area, but we understand that there may be special cases that require individual consideration. In such instances, the Town will carefully evaluate these cases on their own merits to determine the appropriate course of action. In the case of an unsafe condition, the Town will assess particular circumstances to determine whether action should be taken to protect public health and safety.

The Town has continued to allow maintenance on existing structures and ongoing erosion and shoreline stabilization measures for lands on the lake side of Lake Drive.  If you are thinking of making a permit application to the LSRCA or the MNRF, or have been asked to provide written consent of the Town as part of their permitting process, you can send an email to Trevor Jacobs, Senior Project Manager outlining the works you are planning to carry out.  It is important to note that any consent for shoreline works from the Town or other governing authorities within the Action Plan area does not imply a position on ownership of the lands, and is only a consent to perform the described maintenance and/or erosion control measures.

A significant portion of land located between Lake Drive and the water is used by residents. Decades ago, the road allowance for Lake Drive was created and exists from the limits of properties on the land side of Lake Drive to the water’s edge. This means that much of the land people are using is located within what is called the untraveled portion of the road allowance. That land, the untravelled portion of the road allowance, is owned by the Town.

In certain circumstances people can obtain rights to land if they have used the land for an uninterrupted period of time. However, there are very specific requirements that must be satisfied for a person to be successful in making a claim for adverse possession. Just using the land does not satisfy the legal requirements. And even if all of the requirements are satisfied by a person who wants to claim the land, there are exceptions to the doctrine of adverse possession. A road allowance (even the untraveled portion of the road allowance) cannot be claimed by adverse possession in Ontario. Even if a person or family uses the land for 50 or 100 years, the road allowance remains in the ownership of the municipality.

Unfortunately, just because someone sold land with a deed does not mean that the person who sold the land actually had legal ownership of (or in other words, “title” to) the land. In Ontario, the province used to keep track of land ownership under the registry system. This system allowed people to register documents on different parcels of land, whether they owned them or not. When conducting title searches, it is not unheard of to come across a deed from years ago with a description covering not only land that the seller owned, but also land that the seller had used for several years and treated as his or her own.

You almost certainly own the land upon which your house or cottage is located. Examination of various properties along Lake Drive has shown that in the case of land on the non-lake side of Lake Drive (the side of the road where most houses and cottages are located), sellers were selling land that they actually owned, as opposed to portions of the road allowance that they may have used but could not have owned. Therefore, it is highly unlikely that a title issue will arise with respect to property upon which most cottages and houses are located. Almost all title issues deal with the land located between the road and the water.

One of the reasons that disputes have arisen with respect to “rights” to use the land between the road and the water is that there are several areas of land that have many deeds registered on them. There could be claims by many people who appear to have purchased the same property (please see the discussion above regarding the old Registry system). If there is an issue between you and your neighbour concerning property lines and property ownership, you should seek the assistance of a lawyer who can search title to the property to resolve the issue. If seeking the assistance of a lawyer, the Town suggests that you provide a copy of this question/answer sheet to your lawyer to allow him or her to consider the impact of any property being located within the untraveled portion of the Town’s road allowance, as discussed above.

The Town does not wish to take land. The Town intends to clear up the title along the shoreline. The Town has a legal obligation to deal responsibly with all property that is owned by the Town – such property includes the untraveled portion of the road allowance. The Town wants to treat everyone as fairly as possible. If a person or his or her family has been using shoreline property as the family’s private property for years and years, the Town does not intend to change that situation. The Town also does not intend to make changes that are going to affect the use that various associations have made of the shoreline for years. However, the Town requires the co-operation of individuals and associations to clear up the title to the Lake Drive lands by agreeing on a basis for allowing long-enjoyed uses to continue.  

Residents who want to sell their property may encounter problems if they try to sell lakefront property that they do not actually own. This can, in a worst-case scenario, result in a lawsuit. This is an issue that can be cleared up by addressing the issues of ownership and legal use of the property. As the owner of the untraveled portion of the road allowance, the Town is, arguably, legally responsible for the land, and if there is a dangerous condition on the land a person who is injured may seek to recover damages from the Town. If the Town does not convey or lease the land to residents or associations, it will continue to have potential liability for lands that are being used by someone else. Further, there are some parcels on which numerous persons have registered an interest.  Situations such as this can cause disputes among neighbours and should be addressed to reduce conflict. Finally, it is expected that owners along Lake Drive who have used the waterfront property for years will feel better knowing that this issue has, with their input and co-operation, finally been resolved once and for all.

No. The Town has three important projects related to Lake Drive and the waterfront:

1. Lake Drive Shoreline Jurisdiction Action Plan: We are working on resolving ownership and liability issues related to indirect waterfront lots along Lake Drive North and East. The Town Council established a committee in 2015 to find solutions that satisfy all stakeholders. The Town supports the continued access of indirect waterfront owners to the waterside shoreline land. The Lake Drive Action Plan, developed in 2017, outlines operational and policy decisions to reach a resolution.
2. Waterfront Parks Master Plan: The Town is developing a plan to guide the operation and management of Town waterfront parks. It covers all waterfront lands, including beaches, parks, and more. The Town wants to address issues like overcrowding, access for vehicles and pedestrians, parking, and infrastructure requirements. The plan responds to concerns raised by residents and aims to find a balance between serving local residents and seasonal populations.
3. Lake Drive Road Functionality Assessment: The Town is working on improving Lake Drive Road to address its current challenges. These include narrow lanes, poor sight lines, and a lack of sidewalks and paved shoulders. The Town’s goal is to create a safe mixed-use corridor for active transportation while maintaining access and traffic operations. Importantly, the Town is not acquiring any additional land as part of this study. The project team will assess various options through an engineering assessment, considering community, technical, and financial factors.

These projects demonstrate the Town’s commitment to improving Lake Drive, managing waterfront parks, and addressing complex matters related to waterfront property ownership.