Neighbours · Civil Code of Quebec
Branches over your yard, roots lifting your driveway. The Civil Code settles it, and it does not hand you a saw.
What article 985 actually says
The official English text: "If branches or roots extend over or upon an owner's land from the neighbouring land and seriously obstruct its use, the owner may request his neighbour to cut them and, if he refuses, compel him to do so. If a tree on the neighbouring land is in danger of falling on the owner's land, he may compel his neighbour to fell the tree, or to right it."
The two words that decide everything
"Seriously obstruct": shade, a few autumn leaves, a branch that overhangs harmlessly do not qualify. There must be real interference with the use of your land.
"Compel": the Code lets you force your neighbour to act. It does not let you act yourself. Cutting branches that come from his land exposes you, even where they hang over yours.
The fruit is not yours
Article 984 is blunt: "Fruit that falls from a tree onto neighbouring land belongs to the owner of the tree." Apples that land in your yard still belong to your neighbour.
The agricultural rule
Article 986 adds a farming rule: the owner of land used for agricultural purposes may compel his neighbour to fell trees along and not more than five metres from the dividing line if they seriously damage his operations, except trees in an orchard or sugar bush and trees preserved to embellish the property.
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 I cut the overhanging branches myself?
Article 985 lets you request that your neighbour cut them and, on refusal, compel him. It does not authorize you to cut them yourself.
Do fallen apples belong to me?
No. Article 984 gives fruit that falls onto neighbouring land to the owner of the tree.
What if the tree might fall?
Article 985 lets you compel your neighbour to fell the tree or right it.
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.