Is your yard encroaching on a public lane? You can apply to buy it from the city.
The city can cede its property rights in order to rectify lane occupancy. However, an easement will be created in order to maintain access for maintenance work. Temporary or permanent construction is not authorized, but you are allowed to install fences or perform landscaping and gardening work.
Criteria for ceding a lane
At least ⅔ of owners must agree to purchase the portion of the lane adjacent to their property. These owners must represent at least ⅔ of lots along the lane.
Lanes must not:
- Be required for public purposes, like garbage collection
- Be bounded by buildings that are joined by groups of more than two buildings
- Be used by commercial or institutional lots
- Obstruct building exits
- Create enclaves if closed to traffic
The city is under no obligation to cede lanes, even if the application complies with all criteria.
- Complete the application concerning a building (in French)
- Attach a photo or plan of the premises
- Include the addresses of buildings along the lane. If there is no building, provide the name of streets that form a quadrangle around the lane
- Submit your documents to the city’s Service de la stratégie immobilière or Accès Montréal office
If your application is accepted, a new lot will be added to the property titles of owners who live along the lane. They will receive a document confirming their property rights. You will receive detailed information about the acquisition processSubdivision plans for the lane and neighbouring lots where there are buildings A petition form to have signed by affected owners.
Municipal and school taxes
À partir de la date du transfert de propriété ou de l’acte notarié, les propriétaires sont responsables de payer les taxes municipales et scolaires du terrain acquis.
Buying a lane is free when it rectifies an existing situation. Fees for subdivision of property transfer documents are paid by the city. However, if the transaction is part of a private sale, the buyer must pay all costs.
Service de la stratégie immobilière
303 Rue Notre-Dame Est, second floor
Montréal, QC H2Y 3Y8