Understanding Hydro-Québec servitudes: rights and obligations
What a servitude is
A servitude is a charge imposed on an immovable (servient land) in favour of another immovable or of a utility (art. 1177 C.C.Q.). Hydro-Québec holds servitudes allowing it to install, maintain and access electricity transmission and distribution lines on private property. They are usually established by contract (often decades ago) and published in the land register; Hydro-Québec may also expropriate where necessary.
Typical content
- right to install poles, towers, cables and equipment;
- right of access for inspection, repair and vegetation control (tree cutting and pruning);
- prohibition or restriction on buildings, pools or excavation within the right of way;
- clearance distances for safety.
Owner’s rights and obligations
The owner keeps ownership and may use the land in any way that does not interfere with the servitude. They must not obstruct access or build in the restricted zone. Hydro-Québec must exercise its rights in the least damaging way and repair damage caused by its work. A servitude constituted by agreement usually provided for one-time compensation.
Before buying
Check the certificate of location and the land register: an undisclosed servitude may give rise to a claim under the warranty of ownership against the seller (art. 1725 C.C.Q.). For disputes about the extent of a servitude, a lawyer or notary can review the title.
