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 (eaves, cantilevers, etc.)
• Sheds 10m/sq 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 10m/sq);
• Structures (including retaining walls, decks, stairs and patios);
• Fences
• Seasonal patios of a permanent nature (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 County Lands 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. Payment of Encroachment Application Fee, pursuant to the County's current year User Fee By-Law
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. Detailed history of the encroachment, such as the estimated length of time it has been in place, its purpose, the need to extend, etc., as requested in the Encroachment Application Form
6. If available, please provide the property's legal description, which includes the Property Identification Number (PIN)

Should the requested encroachment be approved, an Annual Fee, pursuant to the County's User Fee By-Law, will be added to the municipal tax roll of the Property Owner(s), to be collected in the same manner and the same priorities as municipal taxes.

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
• Fencing to delineate an area of County Lands
• 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
Gilbertson Administration Building
12 Gilbertson Drive
Simcoe, ON
N3Y 5L6