Laura, a real estate broker, is presenting a property in Joliette to a potential buyer. The property features a small cabin built on the land by the previous owner 8 years ago, under a verbal agreement with the original landowner that allowed them to 'own' the cabin separately from the land. What should Laura explain about the cabin's legal status?

Question: Laura, a real estate broker, is presenting a property in Joliette to a potential buyer. The property features a small cabin built on the land by the previous owner 8 years ago, under a verbal agreement with the original landowner that allowed them to 'own' the cabin separately from the land. What should Laura explain about the cabin's legal status?

Answer options:

• The cabin is likely subject to a right of superficies, granting separate ownership of the construction. ✅ Without a registered agreement, the cabin is presumed to belong to the landowner by accession.
• The verbal agreement constitutes a valid usufruct, allowing the cabin owner to use it indefinitely.
• The cabin owner has a personal right to occupy, but not own, the structure.

Correct answer: Without a registered agreement, the cabin is presumed to belong to the landowner by accession.

Explanation: According to Article 948 of the Civil Code of Québec, the owner of the land is presumed to be the owner of the constructions and works built on it by accession. While superficies creates separate ownership of constructions, it must be established by agreement, testamentary disposition, or accession. A mere verbal agreement without registration is insufficient to establish a distinct right of superficies opposable to third parties.