Servitude Agreement (Quebec)

A Quebec Servitude Agreement (Convention de servitude) is a legal document that establishes a real right (droit réel) on immovable property under articles 1177 to 1194 of the Code civil du Québec. A servitude is a charge imposed on an immovable (the servient land or fonds servant) in favour of another immovable (the dominant land or fonds dominant) belonging to a different owner. Under article 1179, servitudes may include rights of way (passage), views, water drainage, or any other charge that benefits the dominant land. The servitude is attached to the land itself, not to the person, meaning it transfers with the property. This agreement must be notarized and published at the Registre foncier du Québec under article 2938 to be opposable to third parties. The servitude represents one of the fundamental dismemberments of the right of ownership in Quebec civil law.

You need this when establishing a right on one property for the benefit of another property in Quebec. Common situations include: creating a right of way across a neighbour property for access, establishing rights for utility lines or drainage, granting view rights preventing construction that would block views, or any other charge on land for the benefit of adjacent or nearby property. Essential when land is being subdivided and access must be secured.

Key elements: identification of servient land owner and dominant land owner; cadastral descriptions of both lands; nature of servitude (passage, view, water, etc.) per art. 1179; extent and precise exercise conditions per art. 1186; duration (perpetual or term); compensation/indemnity; maintenance obligations; construction restrictions; bonne foi clause per art. 1375; registration requirements per art. 2938; extinction conditions per art. 1191; applicable law under the C.c.Q.