Capsule Version of PUBB's Mission

A number of property owners along the shores of Tiny Township have taken steps to have their properties extended from the original positions to the water’s edge.

For most this is a 2 step process.

Step 1

Survey to the water’s edge and apply to have the new boundaries confirmed through the Boundaries Act. 

A Boundaries Act decision does not deal with ownership nor does it deal with the rights any other person or the public may have on that property.

The owners of the fenced property at Balm Beach have successfully completed Step 1.

Step 2

Apply for clear or absolute title to be confirmed under the Land Titles Act.

Until a successful application has been completed under the Land Titles Act, the property is still subject to interests in land that others may have by virtue of a pre-existing length of possession or use.

PUBB is not aware that the owners of the fenced property at Balm Beach have started Step 2.

What Now?

If the owners take Step 2, PUBB intends to file an objection on behalf of the public.

If the owners do not take Step 2, PUBB intends to take legal action though the courts to establish public rights of access and use of the property.

What are our Chances?

There is no sure thing but presently, in Ontario, there are many cases in which the courts have ruled in favour of the public based on the fact that “extended public use” or historical traditional use was a valid objection.