Right of Way

The Civil Code of Quebec, in article 997, provides that:

“997. The owner of land enclosed by that of others in such a way that there is no access or only an inadequate, difficult or impassable access to it from the public road may, if all his neighbours refuse to grant him a servitude or another mode of access, require one of them to provide him with the necessary right of way to use and exploit his land.

Where an owner claims his right under this article, he pays an indemnity proportionate to any injury he might cause.”

The Law provides that the right of way is to be exercised against the neighbour from whom the right of way can most naturally be claimed, considering all the circumstances.

In addition, the beneficiary of the right of way must do and maintain all the works necessary to ensure that the right is exercised in the least harmful conditions for the land that is subject to it.

It should be noted, however, that the enclave does not necessarily have to be physical, but that it is also permissible to claim an economic enclave of the land, when it is the exploitation that is limited.

Finally, article 1001 of the Civil Code of Québec states that the right of way ends when it ceases to be necessary for the use and exploitation of the land.

For more information, do not hesitate to consult us.

 

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
vanessa@charlandavocat.com