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Buyer beware mantra a must for would-be cottagers

The allure of cottage ownership knows no bounds, even as many Canucks prepare to winterize their country homes.

The allure of cottage ownership knows no bounds, even as many Canucks prepare to winterize their country homes.
As many as 24 percent of Canadians are willing to spend more on a cottage than the house they call home, according to a recreational property report released by Royal Lepage earlier this year.

Compared to the average cost of a home, this translates to $380,000 for that coveted pied-a-terre in the country. With that heavy price tag in hand, buyers-more than ever-need to do their homework.

"Buying a cottage is usually a milestone moment, even for people who can afford it. Buyers always manage to work out the basics - mortgaging the property, considering the cost of up keep, what it will take to add that extra dock, and so on," says Lorne Shuman, director, Legal Services, First Canadian Title, Canada's leading title insurer. "They should also be questioning things like where is the water coming from, is the property accessible all-year round, and if so, what can you expect from the cottage as a winter getaway."

Cottage properties can also come with unknown issues, says Shuman. Consider rights-of-way: if part of the property is used by the public inadvertently to get from one end of the property to the other or to access the waterfront, for example, new owners may find themselves stuck with strangers legally making use of their property.

"If a survey fails to disclose a right-of-way, a new owner could find himself having to fight the municipality to deter the public from using their property," said Shuman. "Not only is this difficult to fight, but it can also get expensive."

Title insurance companies will assume many of the risks associated with buying a cottage. Shuman offers four tips to make sure your decision to purchase a cottage is safe and secure.

First, purchase title insurance. Even if there is an up-to-date survey of the property, which reveals the dimensions of the lot, location of structures and easements, as well as any encroachments onto the property or onto adjoining properties, simple things can be overlooked which can come back later. For around $300, title insurance provides peace of mind and mitigates many of the risks associated with a cottager's title.

Second, find out about the water supply. Many cottagers depend on wells, rather than municipal services for their water supply. Before making your purchase, conduct a potability test at the local public health department to confirm that the well water is safe for human consumption. Failure to take this precaution can lead to the devastating discovery that the local drinking water is contaminated and unsafe. And don't forget to verify that there is sufficient water pressure for normal residential use.

Third, ensure that there is appropriate access to the cottage. In many cases, access to cottage properties is not by a municipal road, but by a private road that is used and maintained by other cottage owners. As surprising as it may sound, it is vital to ensure that you have legal access, as it could be argued at a later date that you are, in fact, trespassing in order to access your cottage. Title insurance companies will often assume the risks associated with access in return for a modest one-time premium.

Finally, take into consideration the zoning by-laws. Municipalities have the authority to pass zoning by-laws that can place restrictions on how you use your cottage. For example, the zoning by-law may not allow you to build a deck or a boathouse, or may require that you obtain the approval of a municipality before doing so. More importantly, some cottage properties are zoned for seasonal use only. So, if you intend to live in your cottage year-round, you need to know that there are no restrictions.

"As with any major purchase, knowing what questions to ask, doing your homework, and ensuring that you are protected will lead to greater enjoyment and return on your investment," says Shuman.

According to the Royal LePage report, as many as nine percent of Canadians owned a cottage or recreational property in 2005, and another nine percent are planning or considering to buy. The report also found that Canadian recreational property prices will continue to increase in most markets across the country, as demand remains strong and inventory remains scarce. These tight market conditions are expected as current cottage owners plan to stay put and young professionals enter the market in droves.


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