Immovable property
Immovables by nature
Article 900 of the Civil Code of Québec stipulates that: “Land, and any constructions and works of a permanent nature located thereon and anything forming an integral part thereof, are immovables. Plants and minerals, as long as they are not separated or extracted from the land, are also immovables. Fruits and other products of the soil may be considered to be movables, however, when they are the object of an act of disposition.”
Examples:
- building on a slab;
- inground pool;
- trees, shrubs, annual or perennial plants;
- the land itself.
Therefore, anything that adheres to the ground or the underground is considered an immovable by nature.
The Civil Code of Québec also states that movables incorporated with an immovable that lose their individuality and ensure the utility of the immovable form an integral part of the immovable.1 This means that windows, doors, staircases, elevators, wood floors, glued carpets, heating systems, air conditioning systems, plumbing and alarm systems are part of the sale, unless they are expressly excluded.
1 Art. 901 C.C.Q.
Immovables by attachment or incorporation
As defined in the Civil Code of Québec, “Movables which are permanently physically attached or joined to an immovable without losing their individuality and without being incorporated with the immovable are immovables for as long as they remain there and ensure the utility of the immovable.[…]”2
2 Art. 903 C.C.Q.
To determine if property is immovable by attachment or incorporation, ask yourself: “Do I need a tool to remove it?” If so, it is an immovable by attachment or incorporation.
Examples of property immovable by attachment or incorporation that is included in the sale unless specifically excluded:
- built-in appliances (dishwasher, cooktop, range hood)
- slow combustion stove
- chandeliers
- curtain rods
- above-ground pool with a link to the patio or the ground
- wall-mounted laundry tub
- central vacuum
- television dish, etc.
In addition, in accordance with the Civil Code of Québec and the forms published by the OACIQ, immovables by nature, attachment or incorporation are subject to the legal warranty of both ownership and quality. However, the legislator allows the seller to reduce or even waive this warranty by the addition of a clear clause to this effect.
► DUTIES AND OBLIGATIONS OF THE BROKER
Duty to advise
To enable the seller to make an informed decision, the broker must explain his or her obligations arising from the legal warranty of quality, as well as the advantages and disadvantages of providing or not providing this warranty. Depending on the circumstances, it may be advisable to waive or reduce the legal warranty of quality.
In case of doubt, if the original movable property has become immovable by attachment or incorporation, it is good practice to specify on the forms whether the seller includes or excludes this property.
For more information: The legal warranty of ownership and quality
