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I want to sever off part of my property. What do I do?
Selling part of your property so that it becomes a separate parcel requires the consent of the local planning approval authority. The process to obtain this consent is laid out in the Planning Act and its regulations and the process follows these general steps:
- A sketch is prepared showing where the proposed severance will be. The sketch shows the dimensions of the proposed property, and the location relative to surrounding buildings and other significant features. In some areas, the sketch must be prepared by an Ontario Land Surveyor.
- The application form is filled out and filed with the approving authority (e.g., the planning department at the County of Wellington or the City of Guelph) along with the required application fee.
- The application is circulated to parties who have an interest - e.g., adjoining land owners, hydro and other utilities, conservation authorities, etc. These parties can make comments on the application and suggest if it should be approved or not. They can also make suggestions for conditions that should be met prior to the severance being approved.
- The planning department takes the various comments, and also reviews the planning policies in place (Official Plan and Zoning Bylaws) and prepares a report to either not approve the application (with reasons) or approve it with certain conditions.
- The recommendations are forwarded to all parties along with a notice of the date when the application will be considered by the Land Division Committee.
- At the Land Division Committee hearing, the application is discussed with the applicant and any other parties who have been circulated. The Committee then makes a decision on whether to approve the application or not.
- If the application is approved, a survey defining the boundaries of the parcel must be completed. This is a standard condition imposed by the committee. The survey will form the legal description of the new property to be used when the parcel is transferred by deed to a new owner.
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