Neighbours Problems

Quebec Real Estate Law

Abuse of Rights and Problems with Neighbours

The person who abides by law is a good citizen. But does it make him a good neighbour? The manner in which he exercises his rights is just as important as the extent or scope of these rights.

The Civil Code of Quebec introduces rules that will be used as instruments of persuasion, and a measurement and appreciation of the gravity of disruptions and inconveniences caused by neighbours.

Article 7 C.C.Q.:  No right may be exercised with the intent of injuring another or in an excessive and unreasonable manner which is contrary to the requirements of good faith.

Article 976 C.C.Q.: Neighbours shall suffer the normal neighbourhood annoyances that are not beyond the limit of tolerance they owe each other, according to the nature or location of their land or local custom.

The law looks at the malicious exercise of the right of ownership (Art  7 C.C.Q.). A person who intentionally harms his neighbour is engaging in wrongdoing. A wrongful behaviour must cease and the prejudice be compensated. This is a matter for injunction and damages.

Clumsiness, negligence and even ignorance can also prejudice others beyond the normal inconveniences of life in society. Such behaviour is also reprehensible. It too must cease and the prejudice be repaired (976 C.C.Q.)

The courts intervene in this domain to give their assent to the law and to evaluate the nature and gravity of the facts. Such cases can become very heated. Owners have been known to build hideous fences or hung ugly and disgusting rugs. More subtle still in the case in which amateur horticulturist of great repute instituted proceedings against his neighbour because the latter’s construction shaded his roses. Beyond the law, courts will look at individual behaviour.

Catalin Ivan- Quebec Real Estate Broker-

The Classification of Property

Quebec Real Estate Law:
Quebec’s legislators use different classifications to define a specific framework for the application of the rights and obligations of owner. The law distinguishes between things and property according to whether they are: appropriable or non appropriable, on the market or off, fungible or non fungible, expandable or non expandable, corporeal or incorporeal. Although differences in economic value are no longer as crucial as they once were, the distinction between movable is still the richest classification, in terms of both its importance and its consequences.
This is were the role of a realtor becmes very important when buying or selling a property.
Do not hesitate to post any question or suggestion!
Click here to E-mail me directly.

Real Property Law

Quebec Real Estate – Real Property Law

Real Property Law is a non-essential branch of Civil Law that is based on the provisions of the Civil Code. Real Property law is the body of rules of law that regulate everything pertaining to immovables. It is also composed of rules arising from what is commonly called statute law, for example agrarian law and environmental law. This document examines the general legal notions applicable to the field of real estate and which are within the realm of Civil Law as contained in the Civil Code of Quebec.

The legal presumptions will vary both in their nature and their effects, depending on whether the property is immovable or not and, beyond the obvious, major nuances will have to be considered.

Do not hesitate to post any question or suggestion!

Sources of Law

Quebec Real Estate- Sources Of Law

The sources of law can be defined as the medium of drafting and interpreting the law.

The first source that comes to mind is obviously the body of laws or statutes. Statutes are provincial or federal, depending on whether they are passed by the legislature of the federal government, or by that of a provincial government.

A second source of law are rules of law that result from court judgments. These rules of law constitute what is known as case law, or  jurisprudence.

Custom in the legal sense of the word, is also a source of law.

The fourth and final source of law, doctrine, does not really create rules of law.

Do not hesitate to post any question or suggestion!

Introduction to Quebec Real Estate Law

“Ignorance of the law excuses no man”. This quote from John Seldan expresses the heavy burden that weights on every citizen. No, ignorence of the law is no defence! Unfortunately, trade practices are as complex as they are diverse; it therefore takes a battery of consultants and experts to interpret their subtleties for the customer.

Real property law is now exception. It is enough to completelely confuse the neophyte. The obligation to assist and inform the purchaser of an immovable is therefore incumbent on a number o proffesionals, with varying degrees of intensity.

It is not the role of the real estate agent or broker, nor of the land surveyor or architect, to give legal advise. Nevertheless, these people have privileged relationship with the owners, purchasers and vendors. Inevitably, the question they are asked will exceed the strict limits of their own profound expertise.

Do not hesitate to post any question or suggestion!

Latent Defects

Quebec Real Estate -Latent Defects-

A latent defect is a defect which makes the immovable unfit for the use for which it was intended or which so diminishes its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of it. The warranty applies to both the property sold and its accessories.

Do not hesitate to post any question or suggestion!