LEGAL HAZARDS OF EXCAVATION IN QUEBEC

Abstract

An excavation on one property may affect or injure the existing conditions on adjoining property. This creates a conflict between the ownership rights of the properties, the subject of this article: in Quebec law, to what extent and on what principles, is a landowner excavating on his or her property liable or free from liability for disturbances affecting his neighbour’s property? To explore this question, the author examines the legal concepts of ownership, whether the accompanying rights are of an absolute nature and the effect of another landowner’s competing right to be free from trespass or interference.