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T-8.1 - Act respecting the lands in the domain of the State

Section 45.5
Disposition versions

Full text
45.5. Where land is separated from a stretch of water solely by a reserve and where the owner no longer has access to the stretch of water by such reserve owing to the devolution pursuant to section 45.1, the reserve shall be subject to a right of way in favour of the land.
To enjoy the benefit of that right, the owner of the land must enter into an agreement with the person to whom the reserve has devolved as to the site of the servitude following a request to that effect; the request must be made not later than 17 December 1989 or, where letters patent are issued in respect of a land pursuant to Division IV of Chapter III of the Act respecting agricultural lands in the domain of the State (chapter T-7.1) after 17 December 1987, within two years of the date of issue of the letters patent.
If an agreement is reached by the parties, the act recognizing the servitude shall be registered at the Land Registry Office.
Failing an agreement and on an application by either of the parties, the Minister shall, by order, establish the site of the servitude upon that part of the reserve where it will be least injurious.
Before rendering his decision, the Minister shall notify the parties, by registered mail, of his intention; the parties may present observations within the time indicated in the notice to the representative of the Minister identified in the notice.
The order shall be registered, at the expense of the beneficiary of the servitude, at the Land Registry Office.
The costs of establishing and maintaining the site of the servitude shall be payable by the beneficiary of the servitude.
1987, c. 76, s. 5; 1991, c. 52, s. 11; 1997, c. 43, s. 777; 1999, c. 40, s. 317; 2000, c. 42, s. 233; I.N. 2016-01-01 (NCCP); 2020, c. 17, s. 111.
45.5. Where land is separated from a stretch of water solely by a reserve and where the owner no longer has access to the stretch of water by such reserve owing to the devolution pursuant to section 45.1, the reserve shall be subject to a right of way in favour of the land.
To enjoy the benefit of that right, the owner of the land must enter into an agreement with the person to whom the reserve has devolved as to the site of the servitude following a request to that effect; the request must be made not later than 17 December 1989 or, where letters patent are issued in respect of a land pursuant to Division IV of Chapter III of the Act respecting agricultural lands in the domain of the State (chapter T-7.1) after 17 December 1987, within two years of the date of issue of the letters patent.
If an agreement is reached by the parties, the act recognizing the servitude shall be registered at the registry office.
Failing an agreement and on an application by either of the parties, the Minister shall, by order, establish the site of the servitude upon that part of the reserve where it will be least injurious.
Before rendering his decision, the Minister shall notify the parties, by registered mail, of his intention; the parties may present observations within the time indicated in the notice to the representative of the Minister identified in the notice.
The order shall be registered, at the expense of the beneficiary of the servitude, at the registry office.
The costs of establishing and maintaining the site of the servitude shall be payable by the beneficiary of the servitude.
1987, c. 76, s. 5; 1991, c. 52, s. 11; 1997, c. 43, s. 777; 1999, c. 40, s. 317; 2000, c. 42, s. 233; I.N. 2016-01-01 (NCCP).
45.5. Where land is separated from a stretch of water solely by a reserve and where the owner no longer has access to the stretch of water by such reserve owing to the devolution pursuant to section 45.1, the reserve shall be subject to a right of way in favour of the land.
To enjoy the benefit of that right, the owner of the land must enter into an agreement with the person to whom the reserve has devolved as to the site of the servitude following a request to that effect; the request must be made not later than 17 December 1989 or, where letters patent are issued in respect of a land pursuant to Division IV of Chapter III of the Act respecting agricultural lands in the domain of the State (chapter T-7.1) after 17 December 1987, within two years of the date of issue of the letters patent.
If an agreement is reached by the parties, the act recognizing the servitude shall be registered at the registry office.
Failing an agreement and on an application by either of the parties, the Minister shall, by order, establish the site of the servitude upon that part of the reserve where it will be least injurious.
Before rendering his decision, the Minister shall notify the parties, by certified mail, of his intention; the parties may present observations within the time indicated in the notice to the representative of the Minister identified in the notice.
The order shall be registered, at the expense of the beneficiary of the servitude, at the registry office.
The costs of establishing and maintaining the site of the servitude shall be payable by the beneficiary of the servitude.
1987, c. 76, s. 5; 1991, c. 52, s. 11; 1997, c. 43, s. 777; 1999, c. 40, s. 317; 2000, c. 42, s. 233.
45.5. Where land is separated from a stretch of water solely by a reserve and where the owner no longer has access to the stretch of water by such reserve owing to the devolution pursuant to section 45.1, the reserve shall be subject to a right of way in favour of the land.
To enjoy the benefit of that right, the owner of the land must enter into an agreement with the person to whom the reserve has devolved as to the site of the servitude following a request to that effect; the request must be made not later than 17 December 1989 or, where letters patent are issued in respect of a land pursuant to Division IV of Chapter III of the Act respecting agricultural lands in the domain of the State (chapter T-7.1) after 17 December 1987, within two years of the date of issue of the letters patent.
If an agreement is reached by the parties, the act recognizing the servitude shall be registered in the registry office of the registration division in which the reserve is situated.
Failing an agreement and on an application by either of the parties, the Minister shall, by order, establish the site of the servitude upon that part of the reserve where it will be least injurious.
Before rendering his decision, the Minister shall notify the parties, by certified mail, of his intention; the parties may present observations within the time indicated in the notice to the representative of the Minister identified in the notice.
The order shall be registered, at the expense of the beneficiary of the servitude, at the registry office of the registration division in which the reserve is situated.
The costs of establishing and maintaining the site of the servitude shall be payable by the beneficiary of the servitude.
1987, c. 76, s. 5; 1991, c. 52, s. 11; 1997, c. 43, s. 777; 1999, c. 40, s. 317.
45.5. Where land is separated from a stretch of water solely by a reserve and where the owner no longer has access to the stretch of water by such reserve owing to the devolution pursuant to section 45.1, the reserve shall be subject to a right of way in favour of the land.
To enjoy the benefit of that right, the owner of the land must enter into an agreement with the person to whom the reserve has devolved as to the site of the servitude following a request to that effect; the request must be made not later than 17 December 1989 or, where letters patent are issued in respect of a land pursuant to Division IV of Chapter III of the Act respecting agricultural lands in the public domain (chapter T-7.1) after 17 December 1987, within two years of the date of issue of the letters patent.
If an agreement is reached by the parties, the act recognizing the servitude shall be registered in the registry office of the registration division in which the reserve is situated.
Failing an agreement and on an application by either of the parties, the Minister shall, by order, establish the site of the servitude upon that part of the reserve where it will be least injurious.
Before rendering his decision, the Minister shall notify the parties, by certified mail, of his intention; the parties may present observations within the time indicated in the notice to the representative of the Minister identified in the notice.
The order shall be registered by deposit, at the expense of the beneficiary of the servitude, at the registry office of the registration division in which the reserve is situated.
The costs of establishing and maintaining the site of the servitude shall be payable by the beneficiary of the servitude.
1987, c. 76, s. 5; 1991, c. 52, s. 11; 1997, c. 43, s. 777.
45.5. Where land is separated from a stretch of water solely by a reserve and where the owner no longer has access to the stretch of water by such reserve owing to the devolution pursuant to section 45.1, the reserve shall be subject to a right of way in favour of the land.
To enjoy the benefit of that right, the owner of the land must enter into an agreement with the person to whom the reserve has devolved as to the site of the servitude following a request to that effect; the request must be made not later than 17 December 1989 or, where letters patent are issued in respect of a land pursuant to Division IV of Chapter III of the Act respecting agricultural lands in the public domain (chapter T-7.1) after 17 December 1987, within two years of the date of issue of the letters patent.
If an agreement is reached by the parties, the act recognizing the servitude shall be registered in the registry office of the registration division in which the reserve is situated.
Failing an agreement and on an application by either of the parties, the Minister shall, by order, establish the site of the servitude upon that part of the reserve where it will be least injurious.
Before rendering his decision, the Minister shall notify the parties, by certified mail, of his intention; the parties may make representations within the time indicated in the notice to the representative of the Minister identified in the notice.
The order shall be registered by deposit, at the expense of the beneficiary of the servitude, at the registry office of the registration division in which the reserve is situated.
The costs of establishing and maintaining the site of the servitude shall be payable by the beneficiary of the servitude.
1987, c. 76, s. 5; 1991, c. 52, s. 11.
45.5. Where land is separated from a stretch of water solely by a reserve and where the owner no longer has access to the stretch of water by such reserve owing to the devolution pursuant to section 45.1, the reserve shall be subject to a right of way in favour of the land.
To enjoy the benefit of that right, the owner of the land must enter into an agreement with the person to whom the reserve has devolved as to the site of the servitude following a request to that effect; the request must be made not later than 17 December 1989 or, in the cases provided for in the second paragraph of section 45.1, within two years of the date of issue of the letters patent.
If an agreement is reached by the parties, the act recognizing the servitude shall be registered in the registry office of the registration division in which the reserve is situated.
Failing an agreement and on an application by either of the parties, the Minister shall, by order, establish the site of the servitude upon that part of the reserve where it will be least injurious.
Before rendering his decision, the Minister shall notify the parties, by certified mail, of his intention; the parties may make representations within the time indicated in the notice to the representative of the Minister identified in the notice.
The order shall be registered by deposit, at the expense of the beneficiary of the servitude, at the registry office of the registration division in which the reserve is situated.
The costs of establishing and maintaining the site of the servitude shall be payable by the beneficiary of the servitude.
1987, c. 76, s. 5.
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