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ARTICLE · 05 APRIL 2006

Variances and Similarities in the Québec Framework

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As Québec is a civil law jurisdiction, real estate law is conceptually different. In Québec, ownership is always an absolute right and it allows the owner to grant different dismemberments (interests) such as use, servitude (an easement at Common law) or emphyteusis (a ground lease at Common law). Land, as well as any construction and works of a permanent nature located on land, are called immovable whereas ownership and all dismemberments are called immovable real rights.

CanadaReal Estate and Construction
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Article by Steve Samson and Jan-Hendrik Burger, ©2006 Blake, Cassels & Graydon LLP

This article was originally published in Blakes Bulletin on Real Estate, March 2006

As Québec is a civil law jurisdiction, real estate law is conceptually different. In Québec, ownership is always an absolute right and it allows the owner to grant different dismemberments (interests) such as use, servitude (an easement at Common law) or emphyteusis (a ground lease at Common law). Land, as well as any construction and works of a permanent nature located on land, are called immovable whereas ownership and all dismemberments are called immovable real rights.

Land Registration Systems

Like all other Canadian provinces, Québec has a public land registration system. Registration is required for all acquisition, creation, recognition, modification, transmission, or extinction of an immovable real right in order to be opposable to third parties. Since 2003, information held by Québec land registry offices

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