What is a Land Severance?
The Ontario Planning Act, provides that it is against the law to divide a piece of land into two (2) or more lots without official approval, called a Consent of Land Division or a Severance. A consent is also required if you wish to sell, mortgages or leases (for more than 21 years) abutting lands which have the same owner. You also need approval to create rights-of-way, easements and any change to the existing boundaries of a property. The City of Cornwall Official Plan contained specific policies and requirements for land severances. If you want to divide your land into several parcels for development, you may have to follow the Plan of Sub-Division procedures, instead of the Consent Process.
A land severance is the authorized separation of a piece of land to form two new adjoining properties. This is commonly known as a consent. It is required if you want to sell, mortgage, charge or enter into any agreement for (at least 21 years) a portion of your land. If the two parts are split already, by a road or railway for example, consent is not needed. Most municipalities with an approved official plan have specific policies and requirements for land severance. In addition to the division of land, rights-of-way, easements and any change to your existing property boundaries also require land severance approval. If several severances are intended in the same area, a plan of subdivision may be more appropriate. It is up to the consent-granting authority in your area to decide whether a consent is the best approach or if a plan of subdivision is necessary for the proper and orderly development of your community.
