A guide for Ontario property owners
Partial Property Takings
A small taking can have a larger effect on how a property functions.
A partial taking occurs when an authority acquires part of a property and the owner retains the remainder. A familiar example is a strip along the frontage needed for a road widening.
The area acquired is only one part of the assessment. The location of the taking and the changes it creates can be equally significant.
What should be examined?
- Access and circulation: Can vehicles enter, leave and move through the property as before?
- Parking and loading: Are spaces or loading areas affected, and can they be reconfigured?
- Lot configuration: Does the taking change setbacks, usable yard space or the relationship between buildings and boundaries?
- Development potential: Does the remaining site continue to support its anticipated use or redevelopment?
- Property improvements: Are fences, landscaping, signs or other improvements affected?
The land taken and the property left behind
The appraisal distinguishes the value of the interest acquired from any qualifying loss in value to the remaining property. Possible remedies, such as reconfiguring parking or relocating an entrance, should also be examined where relevant.
An impact does not automatically establish a compensation amount. Plans, site conditions, market evidence and advice from other specialists may be needed to demonstrate its significance.
Example: a road widening along a residential property
A road widening requires a strip across the front of a residential lot. The review considers the strip itself and whether the altered frontage affects driveway use, landscaping, building setbacks or the market value of the remaining property.
If the project also requires a permanent easement and a temporary construction area, those interests should be identified separately, with their combined effect assessed without double counting.
Illustrative example only; compensation depends on the facts and applicable law.
What to bring to an initial discussion
The acquisition plan, notices, proposed construction drawings and photographs can help explain the taking. Existing surveys, leases and development plans may also be relevant.