Servitude in Civil Law - Quebec

Quebec

Under Quebec law, a servitude is a real right excluding third parties and which is created sui generis, by agreement (ex contractu), or by operation of law (ex lege). Quebec Civil Code, article 1177 provides (in translation):

A servitude is a burden against an immovable, the servient estate, for the benefit of another immovable, the dominant estate, belonging to a different owner.

Quebec law distinguishes between predial and personal servitudes.

• A predial servitude is a perpetual real right in the property of another (the servient estate) which confers on the owner of the dominant estate permanent, specific entitlements of use and enjoyment (beneficial interest) of the servient estate.
• A personal servitude is a limited real right granting the holder specific entitlements of use and enjoyment of an item of movable (personal) or immovable (real) property of another in his personal capacity for a specific period or his lifetime or, in the case of a legal person, for a maximum of 100 years.