A servitude is a charge imposed on an immovable (the servient land), in favour of another immovable (the dominant land), belonging to a different owner. (article 1177 of the Civil Code of Québec)

In the last article, we presented the concept of servitude and the different means of establishing one. But when it no longer has any reason to exist, how can we put an end to a servitude?

Servitudes are terminated in five main ways (art. 191 C.c.Q.):

1. Confusion: The servitude is extinguished when the owners of the servient land and dominant land are united in the same person by sale, bequest, partition, etc.
2. Express renunciation: The servitude may be extinguished by the express renunciation of the beneficiary, i.e., the dominant land, to the servitude. Such renunciation is not presumed and must be recorded in a duly published deed to be enforceable against third parties.
3. End of term: If the parties have agreed on a fixed term, the servitude expires at the end of the term for which it was created.
4. Redemption: The owner of the servient land may release his property from the servitude by redeeming it.
5. Extinctive prescription: This is a means of extinguishing a right through non-use. Thus, non-use of a servitude for ten (10) years puts an end to it.

There are other causes of extinction, such as the fulfillment of a resolutory condition, retroactive payment following formal notice, or expropriation of the servient land.

Contact us if you have any questions about servitudes. In some circumstances, court intervention may be necessary to obtain, extinguish or clarify the terms of a servitude but often, opening a dialogue with the opposing party and/or serving a formal notice can resolve the situation.