LexInter | March 10, 2016 | 0 Comments




  1. Surface property results from the division of the object of the property right over an immovable, from the transfer of the right of accession or from the renunciation of the benefit of the accession.

1991, c. 64, a. 1110.

  1. The right of the superficial owner to use the underground is regulated by the agreement. Otherwise, the subsoil is encumbered with the easements necessary for the exercise of this right; they go out when it ends.

1991, c. 64, a. 1111.

  1. The superficiary and the subterranean bear the charges encumbering what is the subject of their respective property rights.

1991, c. 64, a. 1112.

  1. Surface property can be perpetual, but a term can be fixed by the agreement which establishes the surface area.

1991, c. 64, a. 1113.



  1. Surface property ends:

 1 ° By the combination of the qualities of subsurface owner and superficiary in the same person, subject however to the rights of third parties;

 2 ° By the advent of a resolutory condition;

 3 ° By the arrival of the term.

1991, c. 64, a. 1114.

  1. The total loss of constructions, works or plantations puts an end to surface property only if it results from the division of the object of the property right.

The expropriation of constructions, works or plantations or that of the subsoil does not terminate the surface property.

1991, c. 64, a. 1115.

  1. At the expiration of the surface property, the subsurface owner acquires ownership of the constructions, works or plantations by way of purchase by paying the value to the surface owner.

However, if the value is equal to or greater than that of the subsoil, the superficiary has the right to acquire the property of the subsoil by paying the value to the subterranean, unless he prefers, at his expense, to remove the constructions, works and plantations he made and restore the subsoil to its previous state.

1991, c. 64, a. 1116.

  1. If the superficiary fails to exercise his right to acquire ownership of the subsoil, within 90 days of the end of the superficial property, the subsoil retains ownership of the constructions, works and plantations.

1991, c. 64, a. 1117.

  1. The subterranean and the superficiary who do not agree on the price and the other conditions of acquisition of the subsoil or of the constructions, works or plantations, can ask the court to fix the price and the conditions of acquisition. The judgment is worth title and has all the effects of it.

They can also, in the event of disagreement on the conditions for the removal of these constructions, works or plantations, ask the court to determine them.

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