When a surveyor's error cost a Sherbrooke family their backyard
The Tremblay-Gagnon household purchased a semi-detached home on Rue King in 2021. Eighteen months later, a neighbour erected a fence that cut 14 feet into what the Tremblays believed was their lot. The cadastral plan on file at the Registre foncier du Québec contained a transposition error dating back to 1987.
"We were told we'd need to accept the fence or spend years in Superior Court. Instead, the team at Realty Law Guardians filed a boundary-rectification demand under article 2918 C.c.Q. and resolved the dispute in under five months."
— D. Tremblay, Sherbrooke homeowner, 2024
How we handle property law disputes
Three lanes of practice, each shaped by Quebec civil law
Title verification and correction
We trace chains of title through the Registre foncier, identify gaps or conflicts in servitudes, hypothecs, and prior sales, and file the corrective declarations needed to clean the record. Average turnaround for a straightforward title opinion: nine business days.
Boundary and encroachment resolution
Boundary disputes in Quebec are governed by articles 976 to 1008 of the Civil Code. We coordinate with land surveyors (arpenteurs-géomètres), prepare bornage applications, and negotiate or litigate when a neighbour builds, plants, or fences on your lot. Most residential boundary files settle within three to six months without a hearing.
For commercial properties, timelines depend on the complexity of the cadastral history and whether expropriation or municipal zoning overlays are involved.
Co-ownership and divided property
Syndicates of co-owners face a unique legal framework under articles 1038 to 1109 C.c.Q. We draft declarations of co-ownership, amend by-laws, represent syndicates in collection of common charges, and advise individual co-owners on their rights when the syndicate acts beyond its authority.
Property law services in Sherbrooke, Quebec
Every real estate transaction or dispute in Quebec sits inside the Civil Code framework. We work within that framework daily, for buyers, sellers, landlords, developers, and co-owners across the Eastern Townships.
| Service route | What it covers | Typical duration |
|---|---|---|
| Residential closing | Title search, deed of sale review, hypothec registration, notarial coordination, key delivery | 10–15 days |
| Boundary dispute | Surveyor liaison, bornage application, negotiation or Superior Court filing | 3–6 months |
| Title correction | Chain-of-title audit, corrective declaration, Registre foncier filing | 9–20 days |
| Lease dispute | Régie du logement representation, lease termination, damage claims | 1–4 months |
| Co-ownership advisory | Declaration drafting, by-law amendments, common-charge collection, syndicate meetings | Ongoing retainer |
| Servitude and right-of-way | Creation, modification, or cancellation of real servitudes; access negotiations | 2–5 months |
More outcomes from our files
Syndicate vs. delinquent co-owner, Lennoxville
A 24-unit syndicate retained us after one co-owner accumulated $18,400 in unpaid common charges over three years. We filed a legal hypothec under article 2724(3) C.c.Q., obtained a Superior Court judgment, and collected the full amount plus interest within seven months. The syndicate used the recovered funds to repair the building envelope.
Full recovery: $18,400 + interest
Right-of-way dispute, Canton de Hatley
A landowner discovered that the only access road to their 40-hectare lot crossed a neighbour's parcel without a registered servitude. The neighbour installed a locked gate. We established a right of passage by necessity under article 997 C.c.Q. through mediation, avoiding a trial and preserving the client's relationship with adjacent property owners.
Access restored. Servitude registered.Questions we hear often
In Quebec, a notary typically handles the deed of sale. A lawyer adds value when the title search reveals irregularities, when the offer to purchase contains unusual conditions, or when there is a dispute between buyer and seller before closing. We work alongside your notary to flag issues before they become costly.
Residential boundary disputes in the Eastern Townships typically resolve in three to six months when both parties cooperate with the surveyor. If the file goes to Superior Court, expect 12 to 18 months. Early negotiation almost always saves time and legal fees.
A legal hypothec is a charge on immovable property that arises by operation of law rather than by contract. For co-ownership syndicates, it secures unpaid common charges. For contractors, it secures unpaid construction work. We use legal hypothecs strategically to protect our clients' financial interests without requiring the debtor's consent.
Servitudes can be extinguished by non-use for ten years, by confusion (when the dominant and servient lands come under the same owner), or by agreement. We review the original act of establishment, assess whether grounds for cancellation exist, and prepare the required declarations for the Registre foncier.
We charge a fixed fee for residential title opinions, quoted at intake after reviewing the lot number and transaction complexity. Commercial properties and multi-lot developments are quoted individually. There are no hidden disbursement markups.
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We review every inquiry personally. Expect a response within one business day.
Prefer to call or visit?
Phone:
+1 819 883-3645
Email:
[email protected]
Office:
83731 Sydni Cliffs, J1H 1A1 Sherbrooke, Quebec, Canada
Evening appointments available on request. We serve clients across the Eastern Townships including Magog, Lennoxville, Coaticook, and Lac-Mégantic.
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By using this website you agree to the following terms. The content on realtylawguardians.click is provided for general informational purposes and does not constitute legal advice. No solicitor-client relationship is created by your use of this site or by submitting an inquiry through the contact form. A professional engagement begins only when a written retainer agreement is signed by both parties. We reserve the right to decline representation at our discretion. All intellectual property on this site, including text and design, belongs to Realty Law Guardians. You may not reproduce or redistribute any content without written permission. These terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. Last updated February 2026.
Case outcomes described on this site are based on past client matters and are presented for illustrative purposes only. Each legal situation is unique, and past results do not guarantee a similar outcome in your case. The information on this website may not reflect the most recent changes to Quebec legislation or case law. You should consult directly with a qualified lawyer before making decisions about your property rights. Realty Law Guardians disclaims all liability for actions taken or not taken based on the content of this website. Client names referenced in case studies have been altered to protect confidentiality unless explicit consent was provided.