Having decided to sell her property, a citizen obtains, in 2014, a new Certificate of location.

The document she receives indicates that part of her house is encroaching on the street.  Yet, the Certificate of location prepared when she had bought this property, in the 70s, did not mention any encroachment.  She contacts the Borough, and later our office, to resolve this situation.

We inquire with the Borough and many central Departments.  An extensive research is conducted by the City.

  • This inquiry shows that in the late 60s, Pointe-aux-Trembles (not part of Montréal at that time) had initiated two expropriation procedures regarding a strip of land on Bureau Street, in front of the citizen’s property; and another strip of land located behind her property, on Marion Street.


  • It also reveals that many mistakes were committed at different levels, in the course of these procedures.


  • At the time, a municipal expropriation began with the publication of an Homologation plan in the Registre foncier, kind of a prior notice confirming the municipality’s intent to expropriate. This publication had been made for the two strips of land mentioned above.


  • The expropriation process was later completed for the strip of land on Marion Street, but never for the strip of land on Bureau Street.


  • A judgment ratifying the expropriation indemnity was registered in the Registre foncier. This judgment, however, did not specify that the strip of land concerned was the one on Marion Street.


  • Moreover, the Release, which was also registered, referred mistakenly to the Homologation plan concerning Bureau Street, even though the plan to expropriate that strip of land had been cancelled.


  • To add to the confusion, the information appearing in the City’s Registre du domaine public was also wrong. The Cadastre shows a small strip of land in front of the plaintiff’s property as part of the public domain and the strip on Marion Street, as part of the citizen’s private property when, in fact, it is part of the street.


Several solutions were examined in order to rectify the situation resulting from this long succession of errors.

In light of the research efforts already deployed by the City to see clearly in this file, the existence of erroneous data in the Registre du domaine public and the City’s interest in clarifying its own titles for the strip of land on Marion Street, the OdM suggests that the City takes charge of the cadastral operations and prepares the legal documentation required to regulate the situation.  The City agrees.  These procedures are on track to be completed.

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