Being a good Neighbour
Property limits and boundary determination
The limits of your property are determined by the deeds of ownership and the cadastral plan. On your property, the boundary lines are set by staking, or by a boundary determination.
Encroachment
It may happen that a person acting in good faith erects a structure on a piece of land belonging to a neighbour. If you do this, you neighbour may ask you to purchase the land in question or pay compensation for temporary loss of its use, for as long as the structure remains standing.
Right of way
If you own a property that does not have access to a public road, or that has inadequate or impassable access, you may ask a neighbour to grant you a right of way in return for compensation.
Views
One aspect of feeling "at home" is being safe from prying eyes. For this reason, the Civil Code of Québec contains rules governing the placement of windows or other openings in a wall.
Right to use a spring or watercourse
You are entitled to use and harness a spring that is located on your property.
Fences and common walls
You may mark the boundaries of your property by means of a wall, ditch, hedge, barrier or any other type of fence.
Trees and branches
Sometimes the branches or roots of a tree on a neighbour’s land may extend onto your land, seriously compromising your use of your property. In this case, you can ask your neighbour to cut back the branches or roots.
Similarly, if one of your neighbour's trees looks like it may fall onto your land, you can ask your neighbour to cut it down or shore it up.
Water runoff
The Civil Code of Québec states that natural runoff water from higher land must be able to flow freely onto lower land.
Protection of another person's property
If a building or other structure on your land threatens to collapse onto your neighbour's land or onto a public road, you must prevent this by repairing or demolishing it as necessary.
Temporary access to property
You must allow neighbours to access your property in order to carry out construction, repair or maintenance work on their own property. However, they must give you spoken or written notice, repair any damage they cause and restore your property to its original condition.
