Definition : Encroachment

The use without color of right by a co-owner of a parcel of adjoining land, owned by a different  owner without his consent, by a construction or the enlargement of a construction beyond the limits of his property. An encroachment can be regularized by  means of signing a servitude, the partial alienation of the parcel being the object of the encroachment, in favor of the party responsible for the said construction, or by prescription and even by the removal so the said construction.

Related articles

Prepared by a land surveyor, the certificate of location should be in the title file of the immovable.  In most cases it is required for a real-estate transaction. Regardless of whether the seller has a certificate of location in his possession, the obligation to supply one remains. If the vendor does not have  a certificate, the seller must have one prepared. Furthermore, obtaining  title insurance does not relieve the seller of his obligation to provide an up-to-date certificate of location.    
View more
The Law imposes upon the vendor the obligation to warrant the immovable sold. Except if provided otherwise, the sale of an immovable is made with a basic warranty known as the legal warranty. Under Article 1716 of the Civil Code of Quebec (C.C.Q.), the vendor is bound to warrant the ownership (1723 C.C.Q.) and the quality of the property against hidden defects (1726 C.C.Q.)
View more