You've just toured a property in Laval that checks all the boxes — great size, ideal location, reasonable price. But as you go through the documents, you come across something you're not quite sure about: a right-of-way easement registered in favour of the neighbouring property. What does that actually mean? What rights and obligations come with it? These are questions that deserve clear answers before you sign anything.
What a Right-of-Way Easement Is — and What It Actually Means for You
A right-of-way easement is a real right registered against a parcel of land, known as the servient land, which grants the owner of another parcel — the dominant land — the right to pass through it in order to access a public road or another part of their property. Under the Civil Code of Québec, this type of easement is a recognized real right affecting immovables.
What sets a right-of-way easement apart from an informal arrangement between neighbours is its permanent legal nature: it runs with the land, not with the person. In practical terms, it follows the property through every real estate transaction. Whether you're buying a home in Sainte-Dorothée or a vacant lot in another part of Laval, the easement remains in effect and is enforceable against any future owner.
How a Right-of-Way Easement Can Exist on Your Property
By Notarial Act or Historical Title
The most common form — and the easiest to trace — is an easement established by notarial act and published in the land registry. It will appear clearly in the chain of title and can be reviewed during a title search. Some easements date back several decades and have passed from owner to owner without ever being challenged.
By Existing Conditions or Land-Locking
A parcel of land may also be considered landlocked — meaning it has no direct access to a public road — which can give rise, under Quebec law, to a right of passage over neighbouring properties. In these cases, the easement is not always formally registered, but it may still carry real legal consequences. Me Petrulian can walk you through the details during your consultation, including how this type of situation is handled in the context of a land purchase in Laval.
Rights and Obligations of the Parties Involved
The Owner of the Dominant Land
This owner holds the right to cross the neighbouring property in accordance with the terms set out in the easement deed — including the width of the passage, permitted uses (pedestrian, vehicular, etc.), and any applicable time restrictions. That said, the right must be exercised reasonably and strictly within the scope of what has been agreed upon.
The Owner of the Servient Land
This owner retains full ownership of their property but must allow the easement to be exercised without interference. In practice, that means they cannot erect a fence, a building, or any other structure that would block the right of way, nor can they unilaterally alter the location or extent of the easement. These obligations can have a direct impact on how the property is used and on its market value.
Why a Title Search Is Essential Before Any Transaction
In any real estate transaction in Laval or the greater Montréal area, a title search is a non-negotiable step. It is precisely at this stage that right-of-way easements — whether well-documented or more difficult to trace — are identified and properly assessed.
An easement that goes undetected before purchase can lead to costly disputes with neighbours, limit your development plans, or negatively affect the resale value of your property. On the other hand, a thorough title review gives you the confidence to buy or sell with a full understanding of what you're getting into.
This is where a notary plays a critical role: examining the full history of the title, identifying all real rights registered against the property, and explaining the practical implications before you sign the deed of sale.
Consult Groupe Synergie Notaires
Buying or selling a property in Laval and have questions about a right-of-way easement registered on title? Don't let it go unaddressed — it can have significant consequences for your project.
Contact GSN Notaires to schedule an appointment with Me Mirabela Petrulian and get a comprehensive title review before you commit.
📍 67, Boulevard Samson, Laval (Sainte-Dorothée), QC H7X 3E6 📞 (514) 399-1009 ✉️ info@gsnotaires.com