Overview

 

This is an agreement where Property Owner A and Property owner B have agreed that no building, addition, or other structure will be constructed within the limiting distance area. This is the area between adjacent residences (sometimes shared driveways) and it is important when the distance between the side lot line and side wall of Property Owner A does not meet the minimum width requirement for fire department access per the Garden or Laneway Suite by-law. This agreement is an obligation that cannot be broken without all parties consent (including the City).

 

The Process

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1. Download the LDA template agreement and fill in the relevant property details (the City recommends that property owners have a lawyer assist with completing the form). TurnKey will provide a sketch for 'Schedule C' of the agreement.

2. Submit the agreement to one of the designated building officials who will then have it reviewed by the City's Legal Services Division. Once it is deemed satisfactory, the Solicitor fee will be invoiced (rate: $240.01/hour). A typical limiting distance agreement will require between one and four hours of time spent by the City’s lawyers (per the city website).

3. You and your neighbour will sign the agreement and submit it to the City to the attention of the City Lawyer along with the required fees pursuant to the invoice provided. The agreement can be sent by email.

4. The City will execute the agreement and return it to the parties for registration of the agreement to the title of the property.

5. Submit the required title opinion to the City to the attention of the City lawyer.