Neighbours · Access for work
You must repair a wall reachable only from next door. Can your neighbour refuse? No.
The text
Article 987: "Every owner of land, after having been notified verbally or in writing, shall allow his neighbour access to it if that is necessary to make or maintain a construction, works or plantation on the neighbouring land."
Three conditions
- Notice, verbal or in writing. Writing is better: it dates the request.
- Necessity. Access must be necessary, not merely convenient.
- A defined purpose: making or maintaining a construction, works or plantation.
The duty that comes with it
Article 991: where an owner erects a construction or works or makes a plantation on his land, he may not disturb the neighbouring land or undermine the constructions, works or plantations situated on it.
What is in danger of falling
Article 990: the owner shall do any repair or demolition work needed to prevent the collapse of a construction or works on his land that is in danger of falling onto the neighbouring land, including a public road.
In practice, before selling
A deteriorating common wall, a leaning garage, a sagging shed: buyers notice these and inspectors record them. Fixing them sometimes means crossing the neighbour's land, and the Code gives you that right. Better used before going to market.
Where this surfaces: the certificate of location
Most of these situations do not come to light in an argument over the fence, but in a document: the certificate of location. The land surveyor measures, records an encroachment, a fence off the line, a structure too close to the limit. The notary reads it before signing.
That is why we request the certificate early in a transaction, never the week of the notary. A problem found eight weeks before closing gets solved. Found eight days before, it kills sales or forces a full renegotiation.
Three habits before listing
- Re-read the existing certificate of location and check whether it still matches the property, especially after an extension, deck, garage or fence.
- Settle what can be settled while no buyer is waiting. A written agreement with a neighbour beats a negotiation under pressure.
- Document what cannot be settled, so you present the buyer with a solution instead of letting them find a problem.
Related
Frequently asked
Can my neighbour refuse access for work?
Article 987 requires him to allow access, after verbal or written notice, where it is necessary to make or maintain a construction, works or plantation.
Must the request be written?
The Code accepts verbal or written notice. Writing is preferable because it dates the request.
What if a structure may fall onto the neighbour?
Article 990 requires the owner to carry out the repair or demolition needed, including where a public road is at risk.
Articles quoted from the official English version of the Civil Code of Quebec (legisquebec.gouv.qc.ca), consulted 10 September 2026. This page informs; it is not legal advice. For a specific situation, consult a notary or a lawyer.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. Tell us about your project.