Real Estate

Do water space rights exist?

Multiple empty neighbouring boat docks. Photo by Christine Habermann/Shutterstock

Recently my cottage neighbour complained that my dock is in his water space and that he would appreciate it if I moved it. Is there such a thing as water space rights? —Harold Dinesen, Catchacoma Lake, Ont.

Well, according to Transport Canada, before anyone builds a dock (or a boathouse), they’re supposed to make sure the project meets certain criteria under the Navigable Waters Protection Act, set out to prevent these structures from interfering with any navigable waterways. (If a dock didn’t meet the criteria, it would require review and approval first.)

One condition says that the dock should be no closer than five metres to any “adjacent property boundaries and property line extensions.” So, depending on where your dock is located—or what sort of approval you received for it—it is possible that your dock is encroaching on your neighbour’s turf..er, water.

For more info—and to find out if you may need to move your dock—contact your regional Navigable Waters Protection Program office.

Featured video

Sign up for our newsletters

By submitting your information via this form, you agree to receive electronic communications from Cottage Life Media, a division of Blue Ant Media Solutions Inc., containing news, updates and promotions regarding cottage living and Cottage Life's products. You may withdraw your consent at any time.

Weekly

The latest cottage-country news, trending stories, and how-to advice

Bi-weekly

Fix-it info, project ideas, and maintenance tips from our DIY experts

Monthly

Nature and environment news and inspiration for people who love to get outside

Weekly

Need-to-know info about buying, selling, and renting cottage real estate

Five-part series

Untangle the thorny process of cottage succession with expert advice from lawyer, Peter Lillico