Neighbours · Water and roofs
A downspout pointed the wrong way, fill that pushes water next door. Two articles settle it, and they are very clear.
Water that flows down naturally
Article 979: "Lower land is subject to receiving water flowing onto it naturally from higher land. The owner of lower land has no right to erect works to prevent the natural flow. The owner of higher land has no right to aggravate the condition of lower land, and is not presumed to do so if he carries out work to facilitate the natural run-off."
Two mirrored duties: below you do not block, above you do not worsen.
The roof, without ambiguity
Article 983: "Roofs are required to be built in such a manner that water, snow and ice fall on the owner's land."
That covers the design of the roof itself, not only the gutters. A roof that sheds onto the neighbour is non-compliant, even if nobody has complained in twenty years.
The cases that keep coming back
- Fill or landscaping that redirects water toward the adjoining lot.
- A downspout aimed at the dividing line.
- Roof snow that piles up on the neighbour's side every winter.
And normal annoyances
Article 976 sets the frame: "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; it has to exceed normal tolerance.
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 my neighbour block water flowing down from my land?
No. Article 979 says the owner of lower land has no right to erect works preventing the natural flow.
Can I regrade if it sends more water downhill?
The same article denies the owner of higher land any right to aggravate the condition of lower land.
Can my roof shed onto my neighbour?
No. Article 983 requires roofs to be built so water, snow and ice fall on the owner's own land.
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.