Consent/Severance

A land severance is the authorized separation of a piece of land to form a new lot or a new parcel of land. If you own or have an interest in any land abutting the lot you wish to convey, Section 50(3) and (5) of the Planning Act requires that a "consent" or land severance be obtained before you can convey the lot. 

If you want to sell, grant a right of way or easement, mortgage, charge or enter into any agreement (at least 21 years) for a portion of your land, you must obtain permission by way of a consent application. Applications to sever land and contested technical consents are heard by the Town’s Committee of Adjustment for Consents.  The Committee meets monthly to consider applications. The Director of Planning and Development has the authority to approve applications uncontested technical consents.

A certificate of validation may be needed to validate title to property to correct Planning Act errors and mistakes from the past. Alternatively, a Cancellation Certificate under Section 53 (45) of the Planning Act may be required to facilitate the cancellation of prior consents.

The Director of Planning and Development has the authority to approve applications for Validation Certificates and Cancellation Certificates provided they meet the criteria of an "Uncontested Technical Consent".

Cancellation Certificate

In some situations, the original consent granted for a parcel of land may no longer be wanted or needed. This could occur, for example, where a parcel created by consent may need to be widened to accommodate a driveway.  In these cases, the original consent may need to be cancelled.

Owners can apply to the consent-granting authority for a certificate of cancellation for a parcel that was previously severed with a consent. It may even be the case that a consent-granting authority may require the owner to apply as a condition of approval. Once a certificate of cancellation is issued, the parcel would be treated as though the previous consent had not been given. This could mean that the parcel would merge with neighbouring lands that are owned by the same person. 

Before you apply, you should consult with municipal staff and/or the consent-granting authority in your area. They will be able to tell you how to apply for a certificate of cancellation and any other information you may need.