Neighbours · Common wall
A wall between two buildings raises three questions: who owns it, who pays for repairs, and can you opt out.
The presumption
Article 1003: "A fence on the dividing line is presumed to be common. Similarly, a wall supporting buildings on either side is presumed to be common up to the point of disjunction."
Acquiring common ownership
Article 1004: an owner may acquire common ownership of a private wall directly adjacent to the dividing line by reimbursing the owner for one half of the cost of the section rendered common and, where applicable, one half of the value of the ground used. The cost is assessed on the date the wall was rendered common, taking account of its condition.
That last point matters: you do not pay half of a new wall for a fifty-year-old one.
Who pays maintenance
Article 1006: "The maintenance, repair and rebuilding of a common wall are at the expense of each owner in proportion to his right."
How to get out
The same article provides an exit: an owner who does not use the common wall may renounce his right and be relieved of sharing expenses, by producing a notice to that effect at the Land Registry Office and transmitting a copy to the other owner.
A formal, registered mechanism, not a handshake.
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
How do I know if a wall is common?
Article 1003 presumes a wall supporting buildings on either side to be common up to the point of disjunction.
What does acquiring common ownership cost?
Half the cost of the section rendered common, assessed on that date and given the wall's condition, plus where applicable half the value of the ground used.
Can I renounce a common wall?
Yes, if you do not use it: by producing a notice at the Land Registry Office and sending a copy to the other owner.
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.