Limits and boudaries of land

Article 977 and following of the Civil Code of Québec provide a framework concerning the issues of boundaries.

In fact, article 977 of the Civil Code of Quebec provides as follows:

“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.”

The difficulties in this matter are regulated in article 978 of the same code which states that :

“978. Every owner may compel his neighbour to have the boundaries between their contiguous lands determined in order to fix the boundary markers, set displaced or missing boundary markers back in place, verify ancient boundary markers or rectify the dividing line between their properties.

Failing agreement between them, the owner shall first make a demand to his neighbour requiring to consent to having the boundaries determined and to agree upon the choice of a land surveyor to carry out the necessary operations, in accordance with the rules in the Code of Civil Procedure (chapter C-25.01).

The minutes of the boundary-marking operations must be registered in the land register; the boundary determination report may be attached to the minutes.”

In Quebec, the Superior Court has jurisdiction in this matter.

However, it should not be forgotten that many of these disputes will be resolved by way of acquisitive prescriptions

Vanessa Low-Ken
Legal technician
Charland Avocat Inc.
Centropolis Laval
500-3055, boul. Saint-Martin Ouest
Laval (Québec) H7T 0J3
Phone: (450) 934-8700
Fax: (450) 934-8748