Neighbours · Encroachment
The certificate of location almost always finds it: a structure crossing the line. The Civil Code sets out who decides what happens next.
The text
Article 992: "Where an owner has, in good faith, built beyond the limits of his land on a parcel of land belonging to another, he shall, as the owner of the land he has encroached upon elects, acquire the parcel by paying him its value, or pay him an indemnity for the temporary loss of use of the parcel. If the encroachment is a considerable one, causes serious injury or..."
The two elements that govern everything
- Good faith. The regime described covers someone who built without knowing they crossed the line. Bad faith changes the analysis.
- The choice belongs to the neighbour, not to the person who encroached. The affected owner elects between selling the parcel and taking an indemnity.
What the Code addresses next
The article goes on to the case where the encroachment is considerable or causes serious injury. Consequences there are heavier than a simple indemnity, which is exactly why an encroachment is handled with a legal professional rather than settled over a fence.
How it is found
Almost always through the certificate of location. The land surveyor measures and records it, and the notary sees it before signing. An encroachment discovered two weeks before closing is a sale that gets renegotiated or collapses.
What we do about it
We ask for the certificate of location early, never at the end. If it shows an encroachment, there is time to get advice and present the buyer with a solution rather than a problem.
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
Who decides what happens after an encroachment?
Article 992 gives the choice to the owner of the land encroached upon: sell the parcel at its value, or take an indemnity for temporary loss of use.
Does good faith matter?
Yes. The regime in article 992 addresses the owner who built in good faith. A considerable encroachment causing serious injury is handled differently.
How is an encroachment detected?
Through the certificate of location prepared by a land surveyor, which is why it should be requested early.
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.