Notary for Servitudes and cadastral modifications in Sherbrooke and Magog
A servitude may seem like a technical detail — until the moment it blocks your sale, complicates your construction, or triggers a conflict with a neighbour.
At CBNotaire, we prepare servitude deeds and cadastral corrections for our clients in Magog, Sherbrooke, and throughout the Eastern Townships, where these issues are particularly common due to the geography (waterfront properties, private roads, old subdivisions).
Cadastral modifications
The cadastre is the official representation of lots in Quebec. Any modification to this representation — to subdivide a lot, correct an error, regularize an occupation, or merge two lots — requires a cadastral operation, prepared by a land surveyor and confirmed by notarial deed.
Common cadastral operations
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Subdivision of a lot into several lots
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Merger of two contiguous lots into one
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Correction of a historical error in description or surface area
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Regularization of an encroachment or long-standing occupation
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Creation of a new lot for the sale of a portion of land
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Adjustment of the boundary between two neighbouring properties
Our role
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Analysis of your situation and drafting the appropriate deed
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Coordination with the land surveyor for cadastral operations
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Verification of required consents (neighbours, mortgage creditors, municipality)
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Negotiation or review of the servitude's terms
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Signing and publication of the deed at the Land Registry
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Removal of old servitudes that have become obsolete (by release)
What is a servitude?
A servitude is a charge imposed on one property (the "servient tenement") in favour of another property (the "dominant tenement") owned by a different owner. It burdens the land and follows the property regardless of who owns it — it is registered at the Land Registry and passes with the property.
Types of servitudes we prepare
Right of way
The right for an owner to travel across another property to access their own — common for landlocked properties, cottages, or land served by a shared private road. The servitude must specify the path, width, maintenance terms, and permitted uses.
Servitude of view
The right to have windows or openings facing the neighbouring property at distances less than those set out by law.
Public utility servitude
A charge in favour of a municipality, Hydro-Québec, Bell, or another public utility, for the installation or maintenance of pipes, poles, sewers, or other infrastructure.
Servitude of non-construction or view protection
A voluntary restriction preventing certain constructions on a lot to preserve a view, light access, or neighbourhood harmony.
Drainage servitude
Governing an owner's right to allow water flow (stormwater or drainage) onto the neighbouring property.
Encroachment servitude
Regularization of a situation where a construction (building, shed, deck, fence) encroaches onto a neighbouring lot. Often used to avoid demolition and close a historical situation.
FAQ: Servitudes and Cadastre
Can a servitude be removed?
Yes, in some situations. A servitude can be extinguished by mutual consent of the owners of the dominant and servient tenements, by confusion (if both properties come to be owned by the same person), by non-use for 10 years, or by court decision in certain cases. We then prepare a release deed and publish it at the Land Registry.
Do I need a written servitude, or is a verbal agreement enough?
To be enforceable against third parties (future buyers, mortgage creditors, future generations), a servitude must take the form of a notarial deed and be published at the Land Registry. A verbal agreement, or even a private written contract, only binds the people who signed it — the next owner of the property is not obligated to respect it. For a right meant to last as long as the property, only a published notarial deed offers true security.
The certificate of location shows a servitude I didn't know about — what should I do?
This is a common scenario during a real estate transaction: the certificate reveals an old, forgotten, or unclear servitude. Depending on the circumstances, it may be necessary to: (1) commission a new certificate clarifying the situation; (2) prepare a release deed if the servitude no longer serves any purpose; (3) confirm the current terms of the servitude by notarial deed; or (4) leave the situation as is and explain it to the parties. Our role is to advise you on the best approach.