Road Use Agreements

We access our property via ATV on a basic trail on an unopened road allowance. It is about 1km from the road that is seasonally maintained by the town. We may improve this trail so we can drive to the cabin. This requires that we sign a road use agreement with the town, since they own the land. Anyone have experience with these agreements and any words of advice? The town has told us that we will need $5,000,000 worth of liability insurance for the "road". Anyone know a decent insurance agent that might know about this stuff?

You need to talk to your lawyer first, he should have advice for you.

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Originally Posted by mbmellis

We access our property via ATV on a basic trail on an unopened road allowance. It is about 1km from the road that is seasonally maintained by the town. We may improve this trail so we can drive to the cabin. This requires that we sign a road use agreement with the town, since they own the land. Anyone have experience with these agreements and any words of advice? The town has told us that we will need $5,000,000 worth of liability insurance for the "road". Anyone know a decent insurance agent that might know about this stuff?

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Good luck finding a lawyer that understands road use agreements - I'd guess they're about as plentiful as insurance agents that know how to insure them!

And a lawyer won't be able to give you any decent advice until he sees what you're being 'asked' to sign.

As for finding someone to underwrite the agreement, only one way, start calling and see who is prepared to do it. It can be discouraging.

Will you be able to gate your trail or will you have to allow public use? Is the muni forcing you to get insurance in case someone uses the trail and gets hurt?

I would contact a insurance broker in the area. City insurance companies may not be well versed on this issue but the northern ones likely see it all the time.

I think you are better staying with what you have. If you are opening a public road allowance and unless you are allowed to put a gate up, which I doubt, you will have too deal with road hunters in your hunting areas.

This is my understanding of this issue. You cannot stop public access of a road allowance. If you assume maintenance of the the road allowance you have to the assume the responsibility of the road allowance. This requires liability ins. and I would imagine the Ins. co. would want the road allowance maintained to a reasonable standard for public safety.

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Originally Posted by mbmellis

We access our property via ATV on a basic trail on an unopened road allowance. It is about 1km from the road that is seasonally maintained by the town. We may improve this trail so we can drive to the cabin. This requires that we sign a road use agreement with the town, since they own the land. Anyone have experience with these agreements and any words of advice? The town has told us that we will need $5,000,000 worth of liability insurance for the "road". Anyone know a decent insurance agent that might know about this stuff?

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I'm with Foxx on this one. Why would you make a road as opposed to a simple driveway with a gate? It seems to me to be asking for trouble. Say no more to the municipality and let it die. If it ain't broke, don't fix it. :confused:

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Originally Posted by swampsinger

This is my understanding of this issue. You cannot stop public access of a road allowance. If you assume maintenance of the the road allowance you have to the assume the responsibility of the road allowance. This requires liability ins. and I would imagine the Ins. co. would want the road allowance maintained to a reasonable standard for public safety.

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Yes I have consulted lawyer and yes you have it right - you can not gate or otherwise block the road allowance whether you maintain it or not, and yes I need to get insurance - hence the original post.

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Originally Posted by trimmer21

I'm with Foxx on this one. Why would you make a road as opposed to a simple driveway with a gate? It seems to me to be asking for trouble. Say no more to the municipality and let it die. If it ain't broke, don't fix it. :confused:

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The property is landlocked except for the road allowance. No where to build a drive way. The only access is via the road allowance. Road allowance is public land and can not be gated. We would prefer to drive to the cabin rather then having to cross load everything to ATVs for the last km.

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Originally Posted by mbmellis

Yes I have consulted lawyer and yes you have it right - you can not gate or otherwise block the road allowance whether you maintain it or not, and yes I need to get insurance - hence the original post.

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But how do you insure township property? Always thought that you could only insure what YOU owned.I think I would be inclined to just quietly improve the township trail so it was easier to use with an ATV. Around here people are always cutting trees and filling ruts on trails to back lakes.....

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Originally Posted by mbmellis

We access our property via ATV on a basic trail on an unopened road allowance. It is about 1km from the road that is seasonally maintained by the town. We may improve this trail so we can drive to the cabin. This requires that we sign a road use agreement with the town, since they own the land. Anyone have experience with these agreements and any words of advice? The town has told us that we will need $5,000,000 worth of liability insurance for the "road". Anyone know a decent insurance agent that might know about this stuff?

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My first question would be "how have you established the leaps and bounds of the road allowance".Has there ever been a survey,in other words do you know you are on the Township road allowance of 66 feet.Normally the Township would issue letters to adjoining property owners before they do anything.The insurance for instance might be liability insurance in case somebody gets hurt while improving the road.The Municipal Act specifies that a roadway must meet Township standards,I would be careful you might be opening a can of worms.

Are you the only land locked parcel? Ask the township if the will sell the road allowance to you, only works if you're not cutting someone else off.

The town wont sell the road allowance since there are others that use it also. Yes they require a survey also as part of the project.

This law firm and particularly the partner Jeff Wilker, specializes in municipal matters and would fully understand all the issues:

https://www.thomsonrogers.com/directory/jeff-wilker/

All of my clients that are rural townships currently use him.

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Originally Posted by Species8472

This law firm and particularly the partner Jeff Wilker, specializes in municipal matters and would fully understand all the issues:

https://www.thomsonrogers.com/directory/jeff-wilker/

All of my clients that are rural townships currently use him.

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Thanks for that. True specialists are hard to find. I am pretty happy with my existing lawyer, who is up to speed and we are almost finished. Finding liability insurance is almost the last step.

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Originally Posted by mbmellis

The town wont sell the road allowance since there are others that use it also. Yes they require a survey also as part of the project.

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Is there an existing survey of this 1km of road allowance,if not this will be expensive.I would think his would be the first step.

On the Manitoulin there are very few defined property boundaries yet parcels get sold off every day. Disputes between land owners are usually settled by mutual agreement and if they can't be resolved then each party can expect monstrous legal bills to fix. Somehow the municipalities manage to survive these transactions as well and that includes easements.

I have my cottage insurance through R. Robertson Insurance Brokers. They specialize in cottage and rural area insurance, chances are, they've handled just this sort of thing previously. I'd give them a call.

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