Streets and Alleys

The City of Windsor Legal Department (Real Estate Services) receives and considers applications for alley closings. There are several advantages to the property owner, as detailed in the answers below.

Occasionally, applications are received to close a street as well; however, the majority of applications are for alley closings.

For more information about the street and alley application process, please contact the Legal Department (Real Estate Services) at 519-255-6548, or review the commonly asked questions below:

Frequently Asked Questions

What are streets and alleys?

They are technically known as public rights-of-way and include alleys, streets, lane ways, and walkways on which no buildings or fences are allowed. If an abutting property owner requires access through the public right-of-way, access cannot be denied. Therefore, unless an alternate access can be found, the right-of-way cannot be closed.

Why should I close my alley?

Many alleys in the city are no longer used for garbage pickup, so the alley may not be required for municipal purposes. However, this does not mean the alley is closed or that you have the right to occupy it. If your alley is legally closed, it can be added to your property and fenced. This eliminates debris and weeds from the back of the property and assists in possibly reducing vandalism.

Why would my street be closed?

Street closings occur less often, usually in areas where the street is not used or paved for vehicular traffic. The procedure for a street closing is similar to an alley closing.

How do I apply to close my alley?

For a $75.00 fee plus HST, a Street and/or Alley Search Form (see Related Links below) is completed to determine whether the street or alley is open, after which any abutting owner of property may apply to close the alley (or street) where the right-of-way is located. The applicant is responsible for the application fee of $1,875.00, which includes the legal advertising fee; however, as all property owners benefit, it is desirable to help the applicant by agreeing to cost share. For example, if there are 30 houses on the alley, the cost to each owner would be as follows:
$1,875.00 per 30 houses equals $62.50 per household.

Acceptable methods of payment:

Payments can be made in person, by cheque (payable to The Corporation of the City of Windsor), cash or credit/cebit at:

Building Department
350 City Hall Square West
2nd Floor
Windsor, Ontario, Canada, N9A 6S1

Cashier in-person hours of operation are as follows: Monday to Friday (excluding holidays), 9 a.m. to 12 p.m. and 1 p.m. to 3 p.m.

Please provide payment receipt with completed application to:

Corporate Services – Legal & Real Estate Department
400 City Hall Square East, Suite 201
Windsor, Ontario, Canada
N9A 7K6

To make an online payment, please access the MyWindsor online payment service.

Questions can be directed to streetsandalleys@citywindsor.ca by email or to 519-255-6548 by phone.

What is the procedure to close?

An application and $1,875.00 (no HST) fee is submitted to the Legal Department (Real Estate Services).
Should the applicant choose to withdraw the application prior to the advertising of Council’s intent to enact a by-law to close the alley or if the application is denied by City Council, the applicant is entitled to a refund of $860.00.
Upon receipt of the application, the office of the Legal Department (Real Estate Services) circulates a notice to City departments and utilities for their comments. These include areas such as planning, public works, fire, police, etc., as well as Windsor Utilities Commission, ENWIN Utilities, Enbridge (formerly Union Gas), Cogeco Cable Systems, and Bell Canada. In most cases, these business units or utilities do not object; however, easements may be required.

What is an easement?

Often, utility companies have poles, cables, etc. in the alley (or street). This does not mean the alley cannot be closed. If the alley is closed and acquired by you, the utility companies require the right to service their equipment. You may construct fences, but you may not erect any buildings or permanent structures in the alley (or street). If the situation warrants, movable-style fences are sometimes approved as a condition of closure.
When the City has received the comments from the City departments and utilities, a report is submitted to the Development and Heritage Standing Committee for its consideration prior to Council receiving the report for approval. In addition, the Development and Heritage Standing Committee will recommend any further conditions under which the lands will be conveyed. All abutting property owners will be advised of the date of all public meetings.
If someone has a garage or driveway at the back of their property and requires the alley for access, it is likely that the alley may not be closed at that location unless the affected owner agrees. Often, the Development and Heritage Standing Committee will consider closing only a portion of the alley to ensure the owner requiring access is not landlocked.

Conveyances shall be subject to easements as required by the City, public utilities, and other service providers.

What are land costs?

The following criteria shall be applied to determine the conveyance of the closed rights-of-way:

The purchase price of closed alley lands shall be set at market value, except those alley and walkway lands adjacent to residential areas zoned RD1, RD2 or DRD11 in By-law 8600, and R.1, R.2 and PD.1 in By-law 3072 to be conveyed for $1.00; plus deed preparation and registration fee (approximately $600.00) plus proportionate share of 12R survey costs (varies, on average $800.00 to $1,200.00 minimum).
The purchase price of closed alley lands adjacent to properties other than those zoned Residential (for example, Commercial, Industrial, etc.) shall be set at market value at the time of the application and may also include a share of the 12R survey costs (determined at the time the application is circulated).
Street allowances are to be offered for sale at market value as building lots where possible, regardless of zoning.
Where the addition of the portion of an alley or street to be acquired would enable the purchaser to create a severable building lot, the lands to be offered for sale shall be set at market value.
Any relocation or removal of sewer, water or gas mains, or of telephone or hydro lines is to be at the total expense of the affected property owner(s). Closed lands are to be offered for sale in "as is" condition.
Unless otherwise directed, the City will arrange for preparation of a reference plan by an Ontario land surveyor showing the limits of the right-of-way to be closed and the manner in which it will be divided between the abutting owners, satisfactory to the City Solicitor.

How is City Council involved?

All the property owners will be notified of the date that the Development and Heritage Standing Committee will consider the application. You will also receive a copy of the report of the City Solicitor, which includes conditions, easements required, costs, and details regarding the disposition of the land.
The Development and Heritage Standing Committee will consider the application and recommendations of the City Solicitor, and hear any person listed to speak either in favour or opposition. The Development and Heritage Standing Committee then makes a decision, which will be considered by City Council at a future Council meeting. All property owners affected will be notified of all public meetings.
If approved by City Council and unless otherwise directed, an advertisement is published, when the reference plan is received and approved, in the Windsor Star advising the community that City Council intends to enact a by-law to close the right-of-way.
The full cost of preparation of the reference plan and the cost associated for the preparation of a deed and the subsequent registration shall be paid by the purchaser(s). Alternatively, abutting owners may choose to engage the services of an Ontario Land Surveyor to prepare the reference plan and legal counsel to prepare deeds for their individual portions of the closed alley. However, the reference plan and deeds must be prepared satisfactory to the City Solicitor, and all costs associated with the preparation of the plan and deeds shall be paid for by the purchasers.

What is involved in acquiring land?

If the alley has been legally closed and authorized for conveyance to the abutting landowners, you have the right to accept or decline the offer to acquire your share of the street or alley.
The Legal Department’s standard practice when an alley is closed, subject to the City’s Solicitor’s discretion, is to divide it in half to be conveyed to the owners on each side. Each owner is given the first right to purchase their half of the alley until they explicitly waive their right, or they do not respond to written communication from the Legal Department by the deadline set out in said communication.
For alleys adjacent to residential properties, the deed preparation and registration costs to be paid by abutting owners cover costs incurred by the City’s Legal Department to prepare and register the owner’s deed for the alley for them so they do not have to hire their own lawyer.
For alleys/rights-of-way that are to be conveyed for market value, owners will need to retain their own real estate lawyer to complete the transaction directly with the City’s Legal Department.
However, should you decide that you do not want your share of the land, you may waive your rights. That means the owner on the opposite side of the alley can acquire your share of the street or alley, if desired.
Remember: you are not obligated to buy the land, but it may be desirable for you to do so, as it increases the size of your yard, etc.
After the final date in the advertisement, the Legal Department compiles a list of all those who wish to purchase either half or, if available, the whole width, of the alley or street. Subsequently, a letter will be forwarded requesting the funds for deed preparation. Upon receipt of the funds, the deed will be prepared. Registered deeds will then be forwarded to property owners for their records.

Who is responsible for cutting the weeds and maintaining the alley next to my property?

Every owner or occupant of land in Windsor shall keep and maintain that portion of the alley or land which abuts upon such land, up to the middle of the alley or lane, free and clear of weeds, ashes, paper, building material, rubbish and other refuse.
The City of Windsor is not responsible for physically closing off a street or alley once it has been legally closed. It is the responsibility of the abutting property owner to fence or otherwise prevent access through any portion of closed street or alley that the abutting property owner has purchased.

For general information, contact 311. For detailed inquiries, contact us at:

Legal Department
Real Estate Division
Suite 201, 400 City Hall Square East
Windsor, Ontario, Canada, N9A 7K6

Phone: (519) 255-6548
Fax: (519) 255-6933

Email: streetsandalleys@citywindsor.ca