Pickering is proposing a Right of Entry By-law that would allow a property owner — who is unable to get permission from a neighbour — to seek approval from the city to enter the adjoining property.
This would be in specific situations where the property owners requiring access are unsuccessful at negotiating authorization with their neighbours, said a city statement.
The proposed By-law outlines a formal permit process and will require a completed application form to be submitted along with confirmation of insurance and a security deposit. The permit will indicate the period and times during which the right of entry may be exercised and proper notification to be given to the adjoining property owner.
“The By-law is intended primarily to address urban areas of the City where structures are built close to lot lines, making repairs or alterations difficult without encroaching onto a neighbouring property,” said Kim Thompson, Manager, Municipal Law Enforcement Services. “We want residents to help shape some of the elements addressed in the By-law, such as notification periods, types of work the By-law can apply to, and more.”
The city statement said in urban areas where houses are built close together and close to the property line, some homeowners may need to pass through or temporarily occupy a portion of a neighbouring property in order to make repairs or alterations to their own property.
When these situations arise, it is necessary for the property owner to gain permission from their neighbour to enter the adjoining property. Without this permission, the property owner could be subject to allegations of trespass. The property owner can approach their neighbour and negotiate an agreement, either in writing or verbally, to gain entry. If the neighbour gives their consent, the property owner may enter and undertake the necessary work without any requirement for municipal involvement.
Visit pickering.ca/RightofEntry to view the proposed By-law and take a short survey to provide comments and feedback.