LA RESERVE LEGALE DE TROIS CHAINES: HYDRE OU PHENIX?

Authors

  • PIERRE LABRECQUE

Keywords:

Property Law

Abstract

This article offers a critical analysis of a concept which is more than a hundred years old and which, in spite of recent legislative amendments, remains at the root of numerous difficulties encountered when applying principles of Quebec's land law. The legal reserve which exists along the rivers in Quebec derogates from the normal rules of the law of ownership. At the end of the last century, the Crown adopted a rather strange process in order to retain the ownership of the bed and banks of non-navigable rivers : the retention in the public domain of part of the land along rivers. Would it not have been simpler to state clearly that, in all cases, the bed and banks of a river remain in the public domain, nothing more? In order to reach such a result, today's legislator offers a mechanism as strange and particularly restrictive : the devolution of the reserve certified by a certificate delivered by the Crown.

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Published

1989-12-01

Issue

Section

Legal Commentary