Licences and Encroachment Agreements

The following is a paper prepared by Douglas S. Christie

1.0     What is a Licence?

A Licence is a right to enter upon and use someone’s land in a certain manner or for a specific purpose.  In the municipal context some examples might be a Licence to hang a sign over a street, place a sandwich board on a sidewalk, use an outdoor patio for a restaurant, or build a driveway on an unopened road allowance.  Licences are personal rights and do not create an interest in land.

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Environmental Issues Relating to Acquisition of Land by a Municipality

The following is a paper prepared by Douglas S. Christie

1.0     How Municipalities can Acquire Land

Municipalities can acquire land in a number of ways:

(a)     purchase;

(b)     as part of the approval of a development – such as parkland dedication or road widenings;

(c)     expropriation;

(d)     vesting after an unsuccessful tax sale.

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Acquisitions – Dispositions – Private Use of Municipal Land

The following is a paper prepared by Douglas S. Christie

1.0 Introduction
Everyone who works in the municipal field has heard the old adage “municipal corporations are creatures of statute”. This statement is still true today even though there have been major changes in the Municipal Act, 2001 and the 2006 amendment.  The difference however is in the approach.  Before, one had to search for a specific authority.  Now the powers are very broad and you need only check to determine whether there are some specific restrictions on their use.

While legislation is the key to defining municipal powers, there are many practical considerations when deciding how they are exercised.  This paper will examine some of those considerations in the context of land transactions by Agreement of Purchase and Sale. For full paper click here