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Alley Closing Request

For full details of the Town’s policy regarding the closing and sale of alleys, please click here.

How do we classify alleys?

The Town’s alleys fall into 1 of 4 general classifications based on their usefulness. Alleys may move from one category to another based on changes in circumstances. (i.e., relocation of utilities). The four classifications of alleys can be found here.

Can my alley be closed? 

Before making application to close your alley, it must first be determined whether the alley is eligible for closing by conducting a search of the ownership/title and distribution of the request and search to Town Departments for comment (the "Preliminary Services").  The fee for these services is $40.00 (non-refundable).  In the event costs to complete the Preliminary Services will exceed $40.00, additional funds may be requested from you on a case-by-case basis.  You will be notified before any additional costs are incurred.

When the Preliminary Services are complete, the Town will provide the results to the email provided in your request.  Should you have any questions regarding these Preliminary Services, please submit your questions to clerks@tecumseh.ca.

 

 

Proceeding with the Application

If the results of the Preliminary Services are favourable for an alley closing, you may proceed with making Application to the Town.  The Application fee is $200.00, of which $100.00 may be refunded should the Application be denied by Town Council or withdrawn by you prior to any advertising of the Town Council's intent to close the alley.

You may wish to ask your neighbours to share in the costs of the Application fee.  Please note, your neighbours are under no obligation, and it is your responsibility to submit the total amount.  Any funds contributed by your neighbours (should they agree to cost sharing), are to be collected by you.

Once the Application is submitted, it is circulated to each Town Department and all affected utility companies for comment. The Director Legislative Services will review the comments received and determine if the Application can proceed.

If the Application can proceed, the Director will prepare a Council Report to consider the Application and establish the conditions of closure, including but not limited to, cost for land, division of land, and whether any easements will remain, require removal, or need to be added. If the Application is denied by Council, a letter will be provided to the Applicant.

All affected/abutting owners will be notified of the date when the Report will be presented at a Regular Council meeting.  The affected/abutting owners may speak to Council in favour or in opposition of the Application by registering to speak to Council using the Delegation Form on the Town’s website.

Following the Council meeting should Council approve the Application, you will receive a copy of the Council Report which sets out all the details of the closure, including conditions. The Town will obtain a Reference Plan from an Ontario Land Surveyor describing the limits of closure and the parcels to be offered for sale. See “Cost of Land Transfer” below.

If an affected/abutting owner does not wish to acquire land, they may waive their rights to the owner on the opposite side by signing a Cost Estimate for Closure and Conveyance form. Completing and submitting the form allows the abutting owner on the opposite side to acquire the full width of the land. No verbal waivers will be accepted. If the Cost Estimate for Closure and Conveyance form is not completed and submitted by the deadline, the subject lands may be sold as the Town sees fit.  The exact cost of the land and deed registration is payable prior to the preparation of the deed, and each owner will be notified by letter of the exact costs.

Cost of Land Transfer

The following criteria shall be applied to determine the conveyance of the closed alley as set forth by council resolution:

  1. The purchase price of closed alleys shall be market value. Each owner wishing to purchase a portion of the closed alley will also be required to pay, in addition to the purchase price:
    • the cost for preparation and registration of the Transfer/Deed of Land;
    • all legal fees associated with the transfer of title; and
    • their proportionate share for the preparation of the Reference Plan.
  2. Street allowances are to be offered for sale at market value as building lots, where possible, regardless of zoning.
  3. Where the addition of the lands to be acquired would enable the purchaser to create a severable building lot, the lands to be offered for sale shall be set at market value.
  4. Any relocation or removal of sewer, water and/or gas mains, telephone and/or hydro lines, will be at the total expense of the affected property owners.
  5. All closed alleys are offered for sale in “as is” condition.
  6. Unless otherwise directed, the Town will arrange for a Reference Plan by an Ontario Land Surveyor showing the limits of the alley to be closed and how it will be divided among the owners, satisfactory to the Town Planner.
  7. Conveyances shall be subject to easements as required by the Town, utility companies, or other service providers.

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Town of Tecumseh
917 Lesperance Road
Tecumseh, ON N8N 1W9
Phone: 519 735 2184
Fax: 519 735 6712
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