Real-estate law knowledge hub
Understanding property law in Québec starts with the right vocabulary. Browse the terms below, explore our service map, and see how we guide clients through every stage of a real-estate transaction or dispute. Whether you are purchasing your first home, subdividing land, or resolving a title conflict, this hub is designed to give you clarity before you ever pick up the phone.
Hypothec
A hypothec is a charge on immovable property that secures the performance of an obligation — most commonly a mortgage loan. In Québec civil law, a hypothec must be published at the land registry to be opposable to third parties. We review hypothec terms, ensure proper registration, and advise on discharge procedures once the underlying debt is satisfied.
Servitude
A servitude grants a right of use over another person's property — for example, a right-of-way or drainage easement. Servitudes can be created by agreement, by destination of the owner, or by law. We draft, negotiate, and contest servitude agreements, ensuring that your property rights remain protected whether you hold the dominant or servient land.
Recently helped a Beauport homeowner remove an improperly registered servitude that reduced their lot value by 15 %.
Cadastre
The cadastral plan is the official map of all lots in Québec. Every immovable property transaction requires accurate cadastral identification. We coordinate with land surveyors to confirm lot boundaries, resolve overlapping descriptions, and ensure that subdivision or consolidation plans meet municipal and provincial requirements before filing.
Title examination
A title examination traces the chain of ownership to confirm that the seller has a clear, marketable title. We search the land register, verify that all prior hypothecs are discharged, check for outstanding tax liens, and identify any restrictions — such as building-scheme covenants or heritage designations — that could affect your intended use of the property.
Deed of sale
The deed of sale (acte de vente) is the notarial instrument that transfers ownership of immovable property. We prepare, review, and explain every clause — from warranty obligations and adjustment calculations to special conditions related to environmental compliance or occupancy timelines.
Right of first refusal
A right of first refusal gives a designated party the opportunity to match any third-party offer before the owner can sell. We draft these clauses for co-owners, tenants, and business partners, and advise on enforcement when the right is triggered.
Guided a Lévis co-ownership group through a contested first-refusal exercise — resolved within 30 days.
Zoning
Municipal zoning by-laws dictate permitted land uses, building heights, setbacks, and density. Before any acquisition or development, we verify zoning compliance, apply for variances or amendments when needed, and represent clients before the Tribunal administratif du Québec in contested zoning matters.
Divided co-ownership
Condominiums in Québec are governed by the declaration of co-ownership, which establishes common and private portions. We review declarations for buyers, advise syndicates on governance, and handle disputes involving special assessments, maintenance obligations, or rule enforcement.
Expropriation
When a public authority takes private land for public purposes, the owner is entitled to fair compensation. We evaluate expropriation notices, challenge inadequate offers, and present evidence before the Administrative Tribunal to secure just indemnity for our clients.
Title insurance
Title insurance protects buyers and lenders against losses arising from defects in title that were not discovered during the examination. We advise on policy selection, coverage limits, and exclusions so you understand exactly what protection you are purchasing.