Civil Code of Québec, 1991

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The owner may require a bad-faith possessor to remove improvements and restore the place; if restoration is impossible, the owner may keep them without paying compensation or require removal.

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A possessor in good faith may retain an immovable until reimbursed for necessary or useful disbursements; a possessor in bad faith has the same right only for necessary disbursements made.

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A person detaining property is not required to acquire it.

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Alluvion becomes the property of the riparian owner.

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Accretions caused by the imperceptible recession of running water belong to the riparian owner on the bank that is gradually added to; the opposite bank owner has no claim for the lost land. This rule does not apply to accretions from the sea.

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If a watercourse suddenly carries away a large, recognizable part of riparian land, the owner of that part may reclaim it.

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968. An island formed in the bed of a watercourse belongs to the owner of the bed. 1991, c. 64, a. 968.

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If a watercourse cuts riparian land while forming a new branch and creates an island, the owner of the riparian land keeps ownership of that island.

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If a watercourse abandons its bed and forms a new bed, the former bed belongs to the owners of the newly occupied land in proportion to the land each has lost.

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If movables owned by several people are mixed or combined so they can’t be separated without damage or excessive effort and cost, the new thing belongs to the owner who contributed the most.

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A person who works on or processes another person's material acquires ownership of the new thing if the work or processing is worth more than the material used.

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The owner of the new thing must pay the value of the material or labour to the person who supplied it.

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A person bound to return a new thing may keep it until the owner pays the indemnity owed.

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975. In circumstances not provided for, the right of accession with respect to movable property is entirely subordinate to the principles of equity. 1991, c. 64, a. 975; I.N. 2014-05-01.

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Neighbours must tolerate normal neighbourhood annoyances within the limit of tolerance owed to each other.

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977. The limits of land are determined by the titles, the cadastral plan and the boundary lines of the land, and by any other useful indication or document, if need be. 1991, c. 64, a. 977.

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An owner may require a neighbour to have the common boundary determined. If they do not agree, the owner must first demand consent and agreement on a land surveyor. The boundary-marking minutes must be registered in the land register.

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Lower land must accept natural water flow from higher land; the lower-land owner has no right to block it, and the higher-land owner has no right to worsen the lower land’s condition.

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An owner may use and dispose of a spring on his land, and may use water from lakes and ponds entirely on his land for his needs, while preserving their quality.

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A riparian owner may use nearby water for his needs, but must return it to its regular course without substantial change in quality or quantity, and must not use the water to block other riparian owners from the same right.

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A person with a right to use certain waters may require works to be destroyed or changed to stop pollution or depletion, unless that would be contrary to the general interest.

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Roofs must be built so that water, snow, and ice fall on the owner’s land.

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Fruit that falls from a tree onto neighbouring land belongs to the tree’s owner.

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An owner may ask a neighbour to cut overhanging branches or roots that seriously obstruct the owner's land, and may compel the neighbour to do so if the neighbour refuses. If a tree on neighbouring land is at risk of falling onto the owner's land, the owner may compel the neighbour to fell or right it.

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An agricultural landowner may compel a neighbour to fell certain trees near the dividing line if the trees are seriously damaging the owner’s operations, but not trees in an orchard or sugar bush or trees kept to embellish the property.

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An owner of land must allow a neighbour access after verbal or written notice when access is necessary to make or maintain a construction, works, or plantation on the neighbouring land.

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An owner who must give access to his land is entitled to reparation for injury caused by that fact and to restoration of the land to its former condition.

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If a thing is carried onto another person’s land by natural or superior force, the landowner must allow it to be searched for and removed unless the landowner immediately searches for it and returns it.

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The owner of land must carry out needed repair or demolition work to prevent a construction or works on the land from collapsing onto neighbouring land, including a public road.

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If a landowner builds a construction or work, or makes a plantation on the land, they must not disturb neighbouring land or undermine nearby constructions, works, or plantations.

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If an owner in good faith builds beyond the boundary onto another person’s land, the encroached-upon owner may choose between purchase with payment of value or an indemnity for temporary loss of use.

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No person may create direct views onto neighbouring land that are less than 150 cm from the dividing line.

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994. The distance of 150 centimetres is measured from the exterior facing of the wall where the opening is made and perpendicularly therefrom to the dividing line. In the case of a projecting window, the distance is measured from the

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Fixed translucid lights may be made in a non-common wall, even if the wall is less than 150 cm from the dividing line.

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A co-owner of a common wall may not make an opening in it unless the other co-owner agrees.

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An owner whose land has no adequate access from the public road may, if neighbours refuse another access route, require one neighbour to provide a necessary right of way.

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A right of way may be claimed from the owner whose land provides the most natural exit, considering the condition of the place, the benefit to the enclosed land, and the inconvenience to the land burdened by the way.

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If land becomes enclosed because it was divided under a partition, will, or contract, a right of way may be claimed only from a co-partitioner, heir, or contracting party, not from the owner whose land offers the most natural exit.

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The beneficiary of a right of way must build and maintain the works needed to exercise the right with the least possible damage to the land.

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A right of way ends when it is no longer necessary for the use and exploitation of the land.

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An owner of land may fence the land at their own expense and may require a neighbour to share the cost of a fence on the dividing line.

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1003. A fence on the dividing line is presumed to be common. Similarly, a wall supporting buildings on either side is presumed to be common up to the point of disjunction. 1991, c. 64, a. 1003.

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An owner may acquire common ownership of a private wall on the dividing line by reimbursing the wall’s owner for half the relevant cost, and where applicable half the value of the ground used.

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Each owner may build against a common wall and set beams and joists against it, but must get the other owner’s concurrence on how to proceed.

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Each owner must pay a share of the maintenance, repair, and rebuilding of a common wall, in proportion to his right.

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A co-owner of a common wall may raise it if an expert appraisal shows the wall can support the change, and must pay the other co-owner one sixth of the heightening cost as indemnity.

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The person who built the heightened part of a wall is responsible for its maintenance, repair, and rebuilding costs.

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The principal modalities of ownership are co-ownership and superficies.

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This section defines co-ownership and distinguishes undivided co-ownership from divided co-ownership.

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Superficies means ownership of constructions, works, or plantations on another person’s immovable, where that other person owns the subsoil.

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Indivision arises from a contract, a succession, a judgment, or by operation of law.

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Co-owners may agree in writing to delay partition of property when the indivision term ends.

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An agreement for indivision of an immovable must be published if it is to be enforceable against third persons.

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Each co-owner is treated as having the rights and obligations of an exclusive owner for their share, and may alienate or hypothecate that share.

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Each co-owner may use undivided property, but not in a way that affects its destination or the other co-owners’ rights.

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The right of accession benefits all co-owners in proportion to their share in the indivision.

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1018. The fruits and revenues of the undivided property accrue to the indivision, where there is no provisional partition or any other agreement with respect to their periodic distribution. They also accrue to the indivision if they are

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Co-owners must pay the administration costs and other common charges for undivided property in proportion to their shares.

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Each co-owner may claim reimbursement for necessary disbursements made to preserve the undivided property, and at partition may claim an indemnity for other authorized disbursements equal to the increase in value given to the property.

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A partition made before the time fixed by the indivision agreement cannot be set up against a creditor with a hypothec on an undivided share, unless the creditor consented or the debtor keeps ownership of some part of the property.

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A co-owner may, within 60 days of learning that a third person bought another co-owner’s share by onerous title, exclude that person from the indivision by reimbursing the transfer price and expenses paid.

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1023. A co-owner having caused his address to be registered at the registry office may, within 60 days of being notified of the intention of a creditor to cause the share of a co-owner to be sold or to take it in payment of an obligation,

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1024. If several co-owners exercise their rights of withdrawal or subrogation against the share of a co-owner, it is partitioned among them proportionately to their rights in the undivided property. 1991, c. 64, a. 1024; I.N. 2014-05-01.

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Co-owners must administer the property jointly.

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Co-owners decide ordinary administration by majority in number and shares, but decisions to alienate or partition the undivided property, charge it with a real right, change its destination, or make substantial alterations need unanimous approval.

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Co-owners may appoint a manager for undivided property; if they cannot agree, the court may designate the manager on a co-owner’s application.

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A co-owner who administers undivided property with the knowledge of the other co-owners and without their objection is presumed to have been appointed manager.

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The manager acts alone for the undivided property.

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No one has to remain in indivision, and partition can be demanded at any time unless delayed or made impossible by the listed exceptions.

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Three-quarters of the co-owners representing 90% of the shares may end undivided co-ownership of a mainly residential immovable to create divided co-ownership.

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On a co-owner’s application, the court may postpone immediate partition of property and keep the co-ownership undivided for up to two years.

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If one co-owner objects to keeping the property in indivision, the other co-owners may satisfy that co-owner by giving a share in kind if it can be easily separated, or in money if chosen.

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1034. If the co-owners fail to agree on the share in kind or in money to be apportioned to one of them, an appraisal or a valuation is made by a person designated by all the co-owners or, if they cannot agree among themselves, by the

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Claims arising from administration are paid from the assets before partition, and a co-owner’s creditor may not demand partition except by an oblique action where the co-owner could do so.

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Indivision may be ended if a majority of the co-owners’ shares decide to do so, when a substantial part of the undivided property is lost or expropriated.

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1037. Indivision ends by the partition or alienation of the property. In the case of partition, the provisions relating to the partition of successions apply, adapted as required. However, the act of partition which terminates indivision,

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1038. Divided co-ownership of an immovable is established by publication of a declaration under which ownership of the immovable is divided into fractions belonging to one or several persons. 1991, c. 64, a. 1038.

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When the declaration of co-ownership is published, the co-owners become a legal person called a syndicate.

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1040. Divided co-ownership of an immovable that is built by an emphyteuta or that is subject to superficies may be established if the unexpired term of the right, at the time of publication of the declaration, is more than 50 years. In

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The relative value of each fraction in divided co-ownership is set by comparing it with all the fractions together, and the declaration determines that value.

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The provision defines “private portions” as parts of buildings and land owned by a specific co-owner and for that co-owner’s exclusive use.

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Shared building and land areas owned by all co-owners and used commonly are called common portions.

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Several building areas and systems are presumed to be common portions.

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1045. Partitions or walls that are not part of the foundations and main walls of a building but which separate a private portion from a common portion or from another private portion are presumed common. 1991, c. 64, a. 1045.

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Each co-owner has an undivided ownership right in the common portions, and the share is equal to the relative value of the co-owner’s fraction.

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Each fraction is treated as a distinct entity and may be sold or transferred in whole or in part.

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The share of the common portions appurtenant to a fraction cannot be transferred or partitioned separately from the fraction’s private portion.

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A divided part of a private portion cannot be alienated unless the declaration of co-ownership and cadastral plan were altered beforehand to create and describe a new fraction, assign a separate cadastral number, determine its relative value, or record boundary alterations between contiguous private portions.

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Each fraction is treated as a distinct entity for property assessment and taxation.

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1051. Notwithstanding articles 2650 and 2662, a hypothec, any additional security accessory thereto or any prior claims existing at the time of registration of the declaration of co-ownership on the whole of an immovable held in

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A declaration of co-ownership includes the act constituting the co-ownership, the immovable’s by-laws, and a description of the fractions.

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The co-ownership declaration must set out the destination of the immovable and common/private portions, the relative value of each fraction, common expenses, voting rights, the powers and duties of the board and general meeting, and any other agreement, including any penal clause for breach.

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1054. The by-laws of an immovable contain the rules on the enjoyment, use and maintenance of the private and common portions, and those on the operation and administration of the co-ownership. The by-laws also deal with the procedure of

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1055. A description of the fractions contains the cadastral description of the private portions and common portions of the immovable. Such a description also contains a description of the real rights charging the immovable or existing in

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A declaration of co-ownership cannot restrict co-owners’ rights unless the restriction is justified by the destination, characteristics, or location of the immovable.

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The immovable’s by-laws may be enforced against a lessee or occupant of a private portion only after the person is given a copy of the by-laws or amendments.

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Unless the co-ownership act expressly allows it, a fraction cannot be held by several people with periodic and successive enjoyment rights, and cannot be alienated for that purpose.

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1059. A declaration of co-ownership, and any amendments to the act constituting the co-ownership or the description of the fractions, shall be in the form of notarial act en minute. The declaration shall be signed by all the owners of the

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Certain co-ownership declarations and amendments must be filed in French, registered in the land register, and some by-law amendments must be made expressly and filed in the syndicate’s register.

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1061. The registration of an act concerning a private portion is valid with regard to the share of the common portions appurtenant to it, without any requirement to make an entry under the registration number of the common portions. 1991,

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The declaration of co-ownership binds the co-owners, their successors, and the persons who signed it once it is registered.

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Each co-owner may dispose of their fraction and use and enjoy their private and common portions, if they comply with the immovable’s by-laws and do not impair other co-owners’ rights or the immovable’s destination.

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1064. Each co-owner contributes to the common expenses in proportion to the relative value of his fraction. However, only co-owners who have the use of common portions for restricted use contribute to the expenses related to the

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Each co-owner must take out third person liability insurance.

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A person who acquires a fraction must notify the syndicate within 15 days. A co-owner who leases a private portion must also notify the syndicate within the same time and provide the lessee’s name, the lease term, and the date a copy of the by-laws was given.

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A co-owner must not interfere with preservation or urgent work on the immovable, and the syndicate must give required notices when a private portion is leased or otherwise occupied.

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A co-owner injured by certain work-related harm may obtain an indemnity.

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A co-owner may apply to court within five years of registration of the declaration of co-ownership to revise the future relative value of fractions and the apportionment of common expenses, but only if the required difference exceeds one-tenth.

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A person who sells a fraction must give the promisor a syndicate certificate about the co-owned immovable; the syndicate must give the certificate to a co-owner who requests it within 15 days.

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A person who plans to buy a fraction may ask the syndicate for documents or information needed to give informed consent.

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A buyer of a co-owned immovable fraction must pay the common expenses due for that fraction, with interest, at acquisition.

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The syndicate must keep a co-ownership register available to the co-owners.

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Co-owners must be able to consult the register and related documents at reasonable hours, in the presence of a director or designated person, under the immovable’s by-laws.

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Documents kept available to co-owners, and documents drawn up by the syndicate for a co-owner, must be in French.

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The board of directors must establish a maintenance log for the immovable and keep it up to date.

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The syndicate must create a contingency fund for major repairs and replacement of common portions, and the board must obtain a fund study.

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The syndicate must establish a self-insurance fund that is liquid and available on short notice.

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Each year, the board of directors fixes the co-owners’ contribution for common expenses, the Government sets the regulatory terms for determining the minimum self-insurance-fund contribution, and the syndicate must notify each co-owner of the contribution amount and when it is payable.

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The board of directors must consult the general meeting of the co-owners before deciding on a special contribution to the common expenses.

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The syndicate must insure the whole immovable, keep the insured amount sufficient to rebuild it, review that amount at least every five years, and also carry third-party liability insurance for specified persons. The Government may regulate unreasonable deductibles and prescribe building categories.

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1074. A co-owner’s non-compliance with a condition of the insurance contract may not be set up against the syndicate. 1991, c. 64, a. 1074; I.N. 2014-05-01.

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1074.1. When a loss occurs which falls under the coverage provided for by a property insurance contract entered into by the syndicate and the syndicate decides not to avail itself of the insurance, it shall with dispatch see that the

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The syndicate’s deductible and repair costs for insured property may not be recovered from co-owners except through common-expense contributions, subject to certain damages claims. Any inconsistent stipulation is unenforceable.

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If the syndicate and a co-owner each separately insure the same property against the same risks, the syndicate’s insurance is primary.

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After a substantial loss, the indemnity is paid to the trustee, who must use it to repair or rebuild the immovable unless the co-owners decide to end the co-ownership.

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1075.1. An insurer may not, despite article 2474, be subrogated to the rights of any of the following persons against another such person: (1) the syndicate; (2) a co-owner; (3) a person who is a member of a co-owner’s household; or (4) a

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The syndicate may, if authorized, acquire or sell fractions, common portions, or other real rights.

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The syndicate may grant a movable hypothec only if it first gets authorization from the general meeting of the co-owners.

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The syndicate is liable for damage caused to co-owners or third persons by faulty design, construction defects, or lack of maintenance of the common portions.

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A money judgment against the syndicate can be enforced against the syndicate and against co-owners, proportionately to their fraction value, but not against the contingency fund or self-insurance fund except in stated cases.

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The syndicate may ask to end a private-portion lease or loan for use if a lessee’s breach seriously injures a co-owner or another occupant, and it must notify the relevant parties first.

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A co-owner or the syndicate may ask the court for an injunction if non-compliance with the declaration of co-ownership causes serious and irreparable injury.

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The syndicate may bring actions for latent defects, faulty design, construction defects, or ground defects, but cannot proceed for defects affecting private portions until it has authorization from the co-owners of those portions.

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1082. The syndicate, within six months of being notified by the owner of an immovable under emphyteusis or superficies that he intends to transfer by onerous title his rights in the immovable, may acquire such rights in preference to any

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The syndicate may join an association of co-ownership syndicates for common services or common interests.

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The syndicate may, at its own expense, obtain the plans and specifications of the immovable, and the architect or engineer in possession must provide them on request.

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The syndicate’s by-laws set the board’s composition and director terms, but the court may appoint or replace a director and set the terms if the by-laws do not provide for it or cannot be followed.

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The directors may attend board meetings using a communication method that lets everyone speak directly to each other, and participating directors may vote by a method that can be verified afterward and keeps the vote secret when a ballot is requested.

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The syndicate’s day-to-day administration may be entrusted to a manager, and the manager may be chosen from among the co-owners but does not have to be.

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A co-owner who has not paid their share of the common expenses for more than three months is disqualified from being a director, but the disqualification ends once all due common expenses are paid. The syndicate may replace a director or manager who is a co-owner and does not pay the contribution to common expenses.

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The board of directors must send co-owners the minutes of each board decision or written resolution within 30 days.

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1086.2. Any co-owner or director may apply to the court to annul or, exceptionally, to amend a decision of the board of directors if the decision is biased or was made with intent to injure the co-owners or in contempt of their rights. The

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If directors cannot act as a majority or in the required proportion because of an impediment or opposition by some of them, the court may make any order it considers fit on application by a director or co-owner.

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If circumstances warrant it, the court may replace the board of directors with a provisional administrator and set the terms of that administration.

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The notice for the co-owners’ annual general meeting must include specified financial documents and related materials.

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A co-owner may ask for a question to be added to the agenda within five days after receiving notice of a general meeting, and the board of directors must give the co-owners written notice of any newly added questions before the meeting.

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A meeting may be held using a communication method that lets all participants communicate directly with each other.

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Co-owners with a majority of votes form a quorum at general meetings; if quorum is missing, the meeting is adjourned and notice must be given to all co-owners.

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Co-owners using direct-communication participation at a meeting may vote by a method that lets votes be verified later and keeps the ballot secret if a ballot is requested.

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Co-owners get voting rights at a general meeting in proportion to their fraction or undivided share.

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In a co-ownership with fewer than five fractions, if one co-owner has more than half of the available votes, that co-owner’s votes at a meeting are reduced to match the total votes of the other co-owners present or represented.

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A developer in a co-ownership with five or more fractions is limited to 60% of the co-owners’ votes at the end of the second and third years after registration, then 25% thereafter, plus any votes attached to the unit occupied by the developer.

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A person who owns at least one-half of the fractions when a declaration of co-ownership is registered is considered a developer, unless the person bought a fraction in good faith at market value with the intention of occupying it.

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A co-owner who has not paid his share of the common expenses for more than three months loses the right to vote.

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An assignment of a co-owner’s voting rights can be enforced against the syndicate only if it has been declared to the syndicate.

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Syndicate decisions, including amendments to the immovable’s by-laws or correction of a clerical error in the declaration of co-ownership, are made by majority vote of co-owners present or represented at the meeting.

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Decisions on listed co-ownership matters are made by co-owners holding three-quarters of the votes of those present or represented.

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Certain co-owner decisions need approval by three-quarters of the co-owners, representing 90% of all votes.

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If a co-owner’s or developer’s voting entitlement is reduced, or their right to vote is taken away, the total votes available to all co-owners are reduced by the same amount.

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1100. The co-owners of contiguous private portions may alter the boundaries between their private portions without obtaining the approval of the general meeting provided they obtain the consent of their hypothecary creditors and of the

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