If you are looking for a lawyer specializing in rights of way, contact Fiset Légal today. We work in the field of real estate law since 2009. Our lawyers therefore have the knowledge and expertise necessary to assist you with your right of way file.
Find out all about the right of way in Quebec and why it is beneficial to consult a lawyer.
The right of way refers to the right of access to the public road passing through a neighbour's property when you do not have access or when your access is impassable or insufficient.
Sometimes people refuse access to their property. If so, you will need take the proceedings to the Superior Court to compel your neighbor to give you a right of way.
There are many rules and specifics regarding the right of way. In order to ensure that you have access to this right of way, it is important to consult a lawyer specializing in right of way.
Why hire a lawyer specializing in right of way?
A lawyer specialied in real estate law or in mediation and arbitration is a great help in obtaining your rights of way. When a neighbor is reluctant to yield the right of way, it is sometimes difficult to negotiate the terms of an easement.
A right of way lawyer therefore helps greatly with the:
- Mediation between the two parties
- Creation of a right of way satisfying the owner and the beneficiary
- Modification of the base of a right of way
The help of a specialized lawyer will help you secure your right of way
The deed represents the mutual agreement between the owner of the land (servant land) on which there is a right of way and the neighboring land that borrows it (dominant land). To be valid, the document must contain certain essential information such as:
- The designation of the precise space of the land on which the exercise of an easement is granted
- The precise designation of the dominant and servant funds
- The duration of permission of the right of way
- The ways of using the space accepted by the owner
- The imposed load
It is also necessary to publish this deed in the land register. A lawyer will be able to represent you in drafting a clear and precise deed of easement in order to create an easement that suits both parties.
People who benefit from a right of way or who give access have legal obligations towards this space. For beneficiaries, these are:
- Preserve the state of the space granted to them
- Make sure the space is respected and use it in a way that causes the least possible damage
- Repair or have the necessary maintenance work carried out in the event of damage
As for the owner of the space, he is in the obligation to maintain convenience of access. He cannot therefore alter the space to make it less convenient or reduce the exercise of the beneficiary of the right of way. However, he has the right to move the area of
the right of way at his own expense if it is in his interest.
Owners and beneficiaries often each have their own idea of
This is why it is important to ensure that the drafting of the notarial deed is impeccable. A clear, clear contract signed by both parties is the best way to avoid problems.
Our lawyers are here to assert your rights and support you in your steps to sign a right of way contract. We also make sure to focus on your best interests and get you the best result for your case. Trust our team to manage a right of way file.
In addition to helping you with your right of way file, our lawyers offer many other services such as :
- Help for victims of hidden defects
- The construction law
- Professional and specialized support in commercial disputes
- Related services to commercial leases
If you have questions for a right of way lawyer, do not hesitate to contact us. An experienced lawyer from Fiset Légal will take charge of your case quickly and answer all your questions.
Get a quick answer from our team of legal professionals.
FISET legal is a law firm offering comprehensive expertise, at your service for 10+ years.
Our attorneys offer their expertise in litigation and in real estate law, condominium law, construction law and all other related legal fields.
Our attorneys aim at advising you strategically, in your best interest and in order to optimise the results on file, proportionally considering the costs and the complexity of the file. We act in complex as well as in simpler cases.
