- Full ownership of buildings and land
- Aerial and underground servitudes
- Hydro-Québec Act (Section 30)
- Public land access agreements
In most cases, Hydro-Québec owns the land on which substations are installed. It also owns a number of transmission line rights-of-way.
Overhead and underground servitudes – Transmission lines
A servitude is a property right conferred by a notarial deed, enforceable against third parties, that describes the rights and obligations of the parties and generally indicates the site (surface area or geographic area) of the servitude encumbering the property.
Transmission line servitudes, or easements, generally entail these rights and restrictions:
- The right to operate, maintain and replace overhead and underground lines
- The right to fell, prune, remove and destroy any type of vegetation (trees, shrubs, branches, roots) in the right-of-way
- The right to fell, prune and remove any tree located outside the right-of-way and which could impede operations or maintenance
- The right to remove any building or structure from the right-of-way as well as any personal and real property located within
- The right to move about on foot or in a vehicle of any kind in the right-of-way
- The prohibition against building or erecting a structure in the right-of-way, including underground and in the overhang, except for a gated fence
- The prohibition against modifying the ground elevation
These rights may apply even when no electrical equipment is installed.
For example, a servitude may have been created to meet future needs. Also, the dismantling of a line in a right-of-way does not revoke the servitude. As long as there is a servitude on the land, it should be assumed that the electrical equipment (poles, towers, portal structures) is operational or may eventually be operated on the land.
Hydro-Québec may use public roads or assert its right of way over private property under the Hydro-Québec Act and the Civil Code of Québec in order to access a power line right-of-way or other facilities belonging to it. Should access result in damage, land owners will be compensated.
Do you believe that Hydro-Québec has a servitude on property you own?
To determine whether there is a Hydro-Québec servitude on your property:
- check your certificate of location
- consult the Registre foncier du Québec (Québec land register)
- contact your notary or a land surveyor if in doubt
Hydro-Québec is not required to:
- confirm the existence of a servitude or right on a piece of land
- confirm the accuracy of a certificate of location
- conduct a title search
- determine who owns title to a piece of land
Note: Hydro-Québec may have real property rights even when servitudes do not appear in the Registre foncier (land register).