Boundary and title dispute
Restoring clear title to a heritage farmhouse
When the Pelletier family inherited a century-old farmhouse near Coaticook, they discovered that a portion of the property had been informally used by a neighbouring farmer for over twenty years. The neighbour claimed prescriptive acquisition — a legal mechanism under Quebec civil law that can transfer ownership after ten years of open, continuous possession.
Our team conducted an exhaustive review of the land registry, obtained historical aerial photographs from the provincial archives, and commissioned a professional land survey. The evidence demonstrated that the neighbour's use was neither continuous nor exclusive, which undermined the prescriptive acquisition claim.
Rather than proceeding to a lengthy court battle, we proposed a mediated settlement. The neighbouring farmer agreed to relinquish the disputed strip of land in exchange for a formal right of way across a small section of the Pelletier property. Both parties signed the agreement within six weeks, and the updated boundaries were registered at the land registry office. The Pelletier family was able to proceed with their renovation plans without further delay, and the neighbour retained convenient access to his fields.
This case illustrates our preferred approach: thorough research, transparent communication, and creative problem-solving that avoids unnecessary litigation whenever possible.
