Encroachment Agreements

An encroachment agreement is a legal and binding agreement between the City and a property owner whose property abuts the municipal property which permits the property owner to have an encroachment on City property. An encroachment is an improvement made to City property that is located entirely or partly in, on, under or above the City’s property.

Examples of encroachments:

  • Awnings
  • Landscaping
  • Porches
  • Portion of existing building
  • Signs, where not otherwise prohibited
  • Steps
  • Wheelchair ramps and other accessibility features

Examples of encroachments that will not be considered:

  • Fences
  • Refreshment vehicles
  • Temporary signs
  • Fruit and vegetable stands
  • Soft drink machines
  • Ice machines

When is a property identified to require an encroachment agreement?

The requirement for an encroachment agreement can be identified:

  • through the process of selling or buying a property
  • through a development or building permit process
  • by City staff

To apply for an encroachment agreement, you must follow these steps:

  1. Either the owner of the property or the tenant or occupant can apply for an encroachment agreement; however, the agreement must be signed by the property owner. You must retain a solicitor to complete the encroachment agreement. 

  2. Submit a completed Application for Encroachment Agreement (PDF, 135 KB) with the following:
  • a description of the encroachment including dimensions
  • supporting documents such as photos and drawings
  • details of any other existing encroachments affecting the property
  • Application fee: $299.60

Submit the agreement and documentation:

  • In person:
    Public Works
    Geomatics and Corridor Management
    Attention: Road Programming Technician
    77 James Street North, Suite 320, Hamilton
     
  • By mail:

Public Works
Geomatics and Corridor Management
Attention: Road Programming Technician
71 Main Street West
Hamilton, Ontario L8P 4Y5

Once your application is received, it is reviewed by City staff and circulated for comment.

If your application is approved:

  • If your application is approved you will receive the encroachment agreement in the mail.
  • Your solicitor must complete the agreement and return three original signed copies to:

Public Works
Geomatics and Corridor Management
Attention: Road Programming Technician
71 Main Street West
Hamilton, Ontario L8P 4Y5

  • The agreement will be executed by the City's signing officers.
  • Two copies will be returned to you.
  • Your solicitor must register the encroachment on title to the property at the Land Registry Office.
  • An annual fee is added to property’s tax roll and remains in place until encroachment is removed and the agreement is formally discharged.

Remove an encroachment agreement   

Owners who have removed an encroachment should contact the Road Programming Technician at 905-546-2424 ext. 4298 for more information.