Things to know about the purchase and sale of a cottage or rural property

In recent years the value of cottage and rural properties in some areas has gone up just as much as those in the urban areas. When it comes to due diligence in relation to a cottage or rural property one must look at many things that would not be typically examined in relation to an urban property including:

Access and public highways

In rural areas and cottage country it is not always clear that every property has legal access to a public highway. If there is no access to a public highway the property is considered landlocked and it may only be accessible by water or air. It is important to determine whether the property that you are about to purchase has land access. This information is important because it can prevent you from overpaying for a property that is worth a lot less due to it not having land access. Contact a real estate lawyer in Mississauga to determine the accessibility of the property that you are interested in.

Shoreline ownership and its limits

Riparian rights are certain rights and privileges that an owner of a land has in relation to the water edge that touches his or her land. These rights include, rights of access to water, drainage of water, the right to use the water and receive the undiminished flow of water from upstream. There are certain limits to these rights considering whether there is a public beach or an original shore road allowance etc.

Water systems

Rural and cottage properties typically source their water from a well or a waterway close by. Wells can be installed privately or by a professional licensed by the Ministry of Environment. In the latter case there will be reports and records available regarding the well.
When considering a water source there are two main matters to look at: the quality and quantity of the water. When buying a property with a well, please make sure to consult with a real estate lawyer in Mississauga and inquire whether to add a condition precedent in the agreement of purchase and sale which states that to ensure sufficient water flow you will have an inspector conduct a professional inspection of the well. Your real estate lawyer Mississauga can also add a condition precedent that requires the seller to obtain a satisfactory water quality test from an authorized laboratory.

Sewage Systems

Rural properties such as cottages may have a subsurface sewage disposal system which is located inside a parcel of land and serves only the family living on that land.

Old gasoline and oil tanks

Domestic underground tanks need to be inspected and approved under the Fuel Oil Code. If there is suspension that there might be contamination from an underground tank the buyers should consult with a real estate lawyer in Mississauga and have him draft a condition precedent that requires a satisfactory phase 2 environmental site assessment.