Neighbour law and property limits · Civil Code of Quebec
A tree, a fence, a window too close, a structure crossing the line: none of this is settled by instinct. The Civil Code of Quebec decides it article by article, and the certificate of location is what brings it to light.
The numbers to remember
- 150 cm: the minimum distance for a direct view upon neighbouring land (art. 993).
- Half: what you can require from a neighbour for a fence on the dividing line (art. 1002).
- 5 metres: the maximum width within which a farmer can compel trees to be felled (art. 986).
- The owner of the tree: who owns fruit that falls next door (art. 984).
The principle behind all of it
Article 976 sets the limit: neighbours shall suffer the normal neighbourhood annoyances that are not beyond the limit of tolerance they owe each other, according to the nature or location of their land or local usage. Not everything is a fault, which is why these files are decided case by case.
Every page in this guide
- Your neighbour's tree in Quebec: when can you demand it be cut
- Common fence in Quebec: can you make your neighbour pay half
- Common wall in Quebec: acquiring it, maintaining it, walking away from it
- Windows facing your neighbour: the 150 cm rule almost nobody knows
- Encroachment: your garage crosses the line, now what
- Water run-off: what your roof and your land owe the neighbour
- Crossing your neighbour's land to do your work: the right exists
- Normal neighbourhood annoyances: where tolerance ends
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.
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.