This type of law includes everything that relates to buildings. Boundaries, encroachment, injunction, passage of title, acquisitive prescription, promise to purchase, easement, neighbourhood annoyances, are all situations included in real estate law. Moreover, construction law and real estate law have certain points in common.
A mandate, also known as power of attorney, is a contract by which one person (the principal) gives another person (the agent) the power to enter one or more legal transactions with a third party in their name and on…
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You have just signed a promise to purchase a house and suddenly the seller refuses to follow through on the promise and refuses to sell. What can you do? You can either claim damages for the unilateral termination without right…
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At the end of your home construction project, upon acceptance of the work, be careful not to accept unreservedly the work, or make the final payment, if some defects are apparent. I have a general contractor A client who accepts…
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Building a brand new house is such an exciting project! Earlier this month we covered the planning required, as well as the licenses and permits to obtain before construction can begin. Now, with your plans, licenses and permits in hand,…
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Every day we enter into many contracts without even realizing it. Indeed, a contract exists as soon as two persons (a company is considered a legal person), commit to do something for each other. A contract is formed by the…
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Sometimes, the habits and behaviour of neighbours can lead to conflicts. Therefore the Civil Code of Quebec provides for rights and obligations between neighbours, as well as the municipalities that modify or complete these provisions with by-laws. Although the law…
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Make no mistake, this article will not discuss of the prescriptions that your doctor writes for you following his diagnosis. Instead, this article will explain the legal concept commonly known as “prescription”. In law, there are two types of prescription:…
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It is no secret that the current Covid-19 pandemic is causing real estate fever: more and more people are looking to become homeowners in a saturated market. As a result, the buyer is often forced to acquire a property at…
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Are you thinking about purchasing property in the coming year? Are you wondering what the potential seller’s obligations are? Section 1716 of the Civil Code of Québec (hereafter: C.C.Q.) states that the seller is required to: Deliver the property; Warrant the…
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With winter coming, we will all have to change the summer tires on our vehicles to winter tires. While this may seem trivial, we will have to sign a service contract with a garage. The same applies when we buy…
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A parcel of land (lot) is landlocked (enclaved) if it has no access to the public road or if this access is insufficient, difficult or impassable. Public roads include not only provincial and municipal streets and roads, but also any…
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It is not uncommon for buildings to be separated by joint works, such as a wall, a fence, a ditch or a hedge. A joint work is one that separates two contiguous properties and is owned jointly by both owners.…
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When people say they are co-owners of a property, without knowing it, they are referring to undivided co-ownership, as opposed to divided co-ownership. In practice, being in an undivided co-ownership almost always presupposes a close relationship between the co-owners. These…
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Contracts are everywhere and come in different forms, from buying a package of gum to renting a house, to a handshake between two neighbours for an exchange of services. The vast majority of contracts do not involve a lawyer. Lawyers…
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Two-thirds of Canadians own a building, whether it is a house, a condo, a chalet, a farm, etc. Real estate is an area where it is relatively safe to invest, because of its stability and tangibility, as opposed to the…
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Several myths exist regarding hidden defects. Many people mistakenly believe that these are essentially vices that have been hidden in order to get a better price. Others will say that hiring the services of an inspector or expert protects you…
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The construction industry is difficult and risky: many companies can become insolvent and have to close shop after a project that has gone wrong. In this context, the law gives construction contractors an important privilege, namely the ability to register…
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The law provides that real estate transfer fees must be paid whenever a transfer of immovable property occurs, with certain exceptions. This is commonly known as the welcome tax and it is collected by the municipality. Many exceptions exist in the law…
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Are you tired of spending long hours maintaining your property and considering buying a condo to get rid of this burden? Buying a condo may be the right solution for you, but be aware that in order to avoid future…
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