Overhead and underground servitudes – Transmission lines
A servitude, also called an easement, is a property right confirmed by a notarial act that is enforceable against third parties. The act describes the rights and obligations of the parties and generally indicates the site (total area or geographic area) of the servitude on the land.
Transmission line servitudes, or easements, generally entail these rights and restrictions:
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.
To access a power line right-of-way or other facilities belonging to it, 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. Should this access result in damage, land owners will be compensated.
Before starting a project in a cleared corridor beneath a line (the right-of-way), check what is prohibited and what is allowed. Even if something is allowed, you must still obtain authorization.
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
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).