Mr. Martin is looking to purchase a rural property in the Laurentians. The brokerage contract indicates a servitude of right of way across the neighbouring lot, owned by Ms. Lavoie, to access Mr. Martin's property. What characteristic makes this servitude a real right?

Question: Mr. Martin is looking to purchase a rural property in the Laurentians. The brokerage contract indicates a servitude of right of way across the neighbouring lot, owned by Ms. Lavoie, to access Mr. Martin's property. What characteristic makes this servitude a real right?

Answer options: ✅ It is attached to the dominant immovable, not to Mr. Martin personally, and follows the land.

• It can be transferred only with the agreement of Ms. Lavoie, the servient owner.
• It is a temporary right that ceases upon Mr. Martin's death.
• It allows Mr. Martin to use Ms. Lavoie's property as if it were his own.

Correct answer: It is attached to the dominant immovable, not to Mr. Martin personally, and follows the land.

Explanation: Article 1177 of the Civil Code of Québec defines a real servitude as a charge imposed on a servient immovable for the utility of a dominant immovable. It is a real right that is attached to the immovables themselves and not to individuals, meaning it passes with the property upon transfer.