Real Estate Law

Servitudes

When dealing with real estate, it happens that some buildings or properties may be subject to “servitudes” or easements.  This means that a portion of the land or building involved is shared with a neighboring lot or building or subject to certain restrictions in favour of that neighbouring lot or building.  Servitudes can take a number of forms: right of way, parking servitude, servitude of view and many others.

Servitudes are established by a legal agreement, drafted by a notary, signed by both parties and then registered by the notary in the Québec Land Register (Registre foncier du Québec). It is vital that such an agreement be drafted carefully so that neither of the two owners involved are adversely affected.


Back