Encroachment Agreements

An encroachment agreement is a legal and binding agreement between the County and a property owner whose property abuts the municipal property. The agreement permits the property owner to have an encroachment on County property.

Types of encroachments

Minor encroachments

Minor encroachments are minor and may include, but are not limited to, the following:

• Projections from buildings (including eaves, cantilevers, etc.)
• Sheds 10m² or smaller
• Shrubs, trees or other natural landscape materials
• Hard landscaping (including asphalt, concrete, brick sidewalks and walkways, curbs, parking pads, aprons or driveways)

Major encroachment

Major encroachments are large in scale, difficult to move, and secured by a footing. They may include, but are not limited to, the following:

• Buildings (including dwellings, garages, sheds larger than 10m²);
• Structures (including retaining walls, decks, stairs and patios);
• Fences
• Permanent patios (for seasonal patios, please call 519-426-5870 or 226-NORFOLK ext. 6269)

Please contact Realty.Services@norfolkcounty.ca for a copy of the Encroachment upon Municipal Property policy document. 

How to apply for an encroachment agreement

To apply for an encroachment agreement, please review the following. Contact Realty Services by e-mail at Realty.Services@norfolkcounty.ca or by mail to Norfolk County, 50 Colborne St S, Simcoe, ON N3Y 4H3.

1. Completed Encroachment Application Form
2. A fee of $126 for the initial review by staff
3. A copy of the deed for the encroaching party’s land that abuts the subject municipal lands
4. A plan of survey or sketch of the subject lands
5. In a separate document, please provide the pertinent history of the encroachment, such as the estimated length of time it has been in place, its purpose, the need to extend, etc.
6. If available, please provide the property's legal description, which includes the Property Identification Number (PIN)

For major encroachments, staff from Reality Services, By-law, Building, Engineering, Planning, Accessibility, and Risk Management will determine whether a Staff Report and Council approval are required. If so, a secondary application fee of $346 will be needed to continue.

Reasons your application may be denied

The Applicant understands that this application is being taken in accordance with the County’s Encroachment Policy AD-014 and may be denied based on the following criteria:

• New encroachment on County Lands
• The encroachment creates an unsafe condition or poses a danger to the public
• The encroachment is over any portion of an open, travelled, and maintained street or road allowance
• The encroachment diminishes the public’s right of usage of County Lands
• The applicant is unable to reasonably demonstrate a need for the encroachment
• The encroachment interferes with the County’s intent and purpose in holding the County Lands
• The construction of the encroachment commenced prior to the issuance of a required Building Permit or required approval from the County
• The encroachment enlarges an existing encroachment
• The encroachment adversely affects County operations, work, plans, efforts, or initiatives of the County to maintain County Lands or undertake capital works projects
• The encroachment interferes with any utility or other similar installation located on County Lands, including underground infrastructure
• The encroachment creates a situation that is contrary to any County By-law, County Policy, or Resolution, or any Provincial or Federal Legislation or Regulation

Personal information

All personal information collected is done so in accordance with section 11 of the Municipal Act. Personal information is used to process the encroachment application. If you seek additional information about the collection, use, storage, and maintenance of submitted personal information through this form, please contact:

Norfolk County Deputy Clerk
Tel: 519-426-5870 or 226-NORFOLK, extension 1261
Email: Clerks@norfolkcounty.ca

Norfolk County
County Administration Building
50 Colborne Street South
Simcoe, ON N3Y 4H3

Contact us

Email: Realty.Services@norfolkcounty.ca
Tel: 519-426-5870 or 226-NORFOLK, extension 1193

Norfolk County
County Administration Building
50 Colborne Street South
Simcoe, ON
N3Y 4H3