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.
What is considered an encroachment?
There are two types of encroachments, minor or major:
- Minor Encroachments means an encroachment that is minor in nature and may include, but is 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)
2. Major Encroachment means an encroachment that is large in scale, difficult to move, secured by a footing and may include, but is not limited to the following:
- Buildings (including dwellings, garages, sheds larger than 10m²);
- Structures (including retaining walls, decks, stairs and patios);
- Permanent patios (For seasonal patios please call 519-426-5870 or 226-NORFOLK ext. 6269)
How to apply for an encroachment agreement
To apply for an encroachment agreement please send via e-mail to [email protected] or via mail to 50 Colborne St S, Simcoe, ON N3Y 4H3 the following documents:
- Completed Encroachment Application Form
- A fee of $115 for the initial review by staff
- A copy of the Deed for the Encroaching Party’s Land which abuts the subject municipal lands
- A Plan of Survey or Sketch of the Subject Lands
- In a separate document please provide the pertinent history of the encroachment such as the estimated length of time the said encroachment has been in place, purpose, need to extend, etc.
- If available please provide the property legal description which includes Property Identification Number (PIN)
For major encroachments Reality Services, By-law, Building, Engineering, Planning, Accessibility, and Risk Management staff determine if a Staff Report and Council approval is required.
If a major encroachment is required then a secondary application fee of $318 will be needed to continue.
For more information please contact
All personal information collected is done so in accordance with section 11 of the Municipal Act. Personal information is used for its intended submitted purpose of processing the encroachment application. If you seek additional information about the collection, use, storage and maintenance of submitted personal information through this form please contact the Deputy Clerk at 519-426-5870 or 226-NORFOLK ext. 1261, 50 Colborne Street South, Simcoe ON N3Y 4H3 or by e-mailing [email protected].