Mr. Tremblay, a homeowner in Laval, has a private septic system that extends onto his neighbour's property, Mr. Gagnon, without any formal agreement or registration in the land register. This situation has existed for 15 years. What type of right, if any, could Mr. Tremblay claim regarding the septic system's presence on Mr. Gagnon's land?

Question: Mr. Tremblay, a homeowner in Laval, has a private septic system that extends onto his neighbour's property, Mr. Gagnon, without any formal agreement or registration in the land register. This situation has existed for 15 years. What type of right, if any, could Mr. Tremblay claim regarding the septic system's presence on Mr. Gagnon's land?

Answer options: ✅ Mr. Tremblay might be able to claim a prescriptive servitude due to continuous and apparent use for 10 years.

• Mr. Tremblay has no legal right, as a servitude must be established by title and registered.
• Mr. Tremblay could claim a right of superficies, granting him independent ownership of the septic system.
• Mr. Tremblay's use constitutes an informal agreement, which is legally binding without registration.

Correct answer: Mr. Tremblay might be able to claim a prescriptive servitude due to continuous and apparent use for 10 years.

Explanation: According to Articles 1181 and 1182 of the Civil Code of Québec, discontinuous servitudes and non-apparent servitudes can only be established by title. However, continuous and apparent servitudes may be established by prescription after 10 years. A septic system may be considered a continuous and apparent servitude.