Neighbours · Article 976
Noise, smells, dust, traffic. The question is not whether it bothers you, but whether it exceeds what a neighbour must tolerate.
The text
Article 976: "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."
Deliberately relative
What counts as normal depends on the three things the article names: the nature of the land, its location, and local usage. The same noise carries a different status on a quiet residential street, beside a commercial artery, or in a farming area.
That is why these files are decided case by case, and why comparisons between situations rarely lead anywhere.
Where it becomes a transaction issue
A real, documented neighbourhood problem is information that travels. It affects value because it affects use. A buyer who discovers it afterward has a file; a buyer told beforehand decides with open eyes and often buys anyway.
Neighbours you never see
In co-ownership the framework changes: the declaration of co-ownership and the building's by-laws sit on top of the Civil Code. Noise, pets and short-term rental are often governed by provisions specific to the building, which is why you read them before buying.
The question to ask before selling
Is there something at your place a buyer would discover in the first three months? If so, better that they hear it from you, at the right moment, than from a neighbour after closing.
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
Is everything that bothers me my neighbour's fault?
No. Article 976 requires neighbours to suffer normal annoyances, judged by the nature and location of the land and by local usage.
How is a complaint assessed?
Case by case, on the criteria in article 976. The nature of the place and local usage weigh heavily.
What about co-ownership?
The declaration of co-ownership and the building's by-laws add to the Civil Code, notably for noise, pets and short-term rental.
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.