Expertises connexes

In the area of real estate law, Quebec law provides for the protection of acquired rights. When a new regulation comes into force, situations that existed legally before the entry into force of the regulation may be granted a form of waiver or exemption, called “acquired right”.

For example, several years ago, you installed a heat pump near the boundary line of your property. At the time, no laws or regulations prevented you from doing so. However, your municipality has passed a new law prohibiting the placement of heat pumps at this location. Unless otherwise provided for, you may benefit from an acquired right until you replace your heat pump, saving you from having to change your heat pump at the time that the new regulation comes into force.

You have received a notice from your municipality giving you a delay to comply with new rules applicable to septic tanks. You do not have the funds to make this costly change. Even if you have been the owner for only a few weeks, you may have an acquired right allowing you to keep your septic tank until its next replacement.

Real estate law also provides for the possibility of acquiring land or a plot of land by the continued use over time. Thus, if you have always used a portion of land, believing it was part of your property and you discover after a survey of your boundaries that it actually belonged to your neighbour, you can resort to the Court to have your right to that portion of land recognized due to your constant use. The rules differ in terms of property owned by municipalities or other government agencies, contact us to assess your situation.

Don’t hesitate to contact our dedicated team to protect your property rights, your acquired rights, to represent you in order to obtain an out of court settlement or for court proceedings.