By: Jayson Schwarz LLM
Suddenly we notice that there are more mild days; when it snows it only lasts a short while. The groundhog has done his thing and we can feel that spring is coming. Despite the odd blizzard we know winter’s back has been broken. Now is the time to move forward and find that bit of paradise we all seek.
Location is composed of a number of factors; everything from distance to be travelled to the type of cottage to issues of access and more.
Perhaps the first thing you need to determine in order to figure out the right location is the kind of cottage you would like to own. Perhaps a condominium or time share meets your needs so that you do not need to perform maintenance. This kind of cottage may include a resort and the amenities that go with it. You need to consider the fact that your neighbours will be very close and you will have a fixed monthly maintenance and operations cost.
What if you want the isolation of that small cabin in the woods? Location now raises a number of issues that will require significant legal investigation. Is there a survey? Are there easements necessary to get to the cabin? Who owns the road? What is the zoning? What is the position of the local municipality on building more than one structure? Location also gives you the peace and quiet that you can only obtain as part of the natural beauty of Ontario’s north.
I have been looking for a perfect family compound on a multi lake chain. Another set of location questions then arise: who owns the shore road allowance? How close to the lake can I construct? Are all of the existing structures in compliance or are they legal non conforming? Location is more then the distance to travel. How close is the nearest town, grocery store, hardware store or marina.
There are many who have dreamed of their own private island. Wow there is a location to yearn for . . . except for questions of electricity, water, access how close is the marina? What if the boat breaks down or bad weather? An island is a marvellous thing, surrounded by water with all the wonders of the summer cottage at your fingertips . . .boating, swimming, fishing. So the location and the legal issues to get it are extremely important.
Finding the right location is a complex quest; firstly an emotional decision as to the where and then the objective decision of the how. Location is tied into the need to find the right lawyer to guide you through the issues before you make that final decision. The best advice I can give you in this column is to ensure that you have a lawyer familiar with the type of cottage you want to buy and you have that lawyer review the offer before it is finalised; by doing that you avoid the pitfalls of the wrong location.
Location, location, location are words we hear over and over; when it comes to the cottage take your time, explore, research and then settle in for the greatest experience of your life . . . the Family Cottage.