Who owns the cedar hedge?
This is a question that comes up very often at Paysaco. An owner has just moved in and wonders: Should I have the exterior sides trimmed at my neighbours? Does my neighbor have to pay for the maintenance of the dividing hedge? Who really owns the hedge? The answer: every situation is different. The truth: it is better to agree beforehand with your neighbors.
According to EducaLoi
If the hedge is entirely planted on your land, it belongs to you. It would then be your duty as a good neighbour to maintain it on “all the way”, i.e. to trim the interior sides that are in your yard, the tops, as well as the exterior sides that are in nearby yards.
However, if the hedge is erected on the dividing line, you and your neighbor own it equally. Thus, according to article 1003 of the Civil Code of Quebec: “A fence on the dividing line is presumed to be common. (…)”. You could therefore share the costs of the maintenance trimming of the hedge with the neighbour.
The location certificate and demarcation
According to an article published in La Presse in 2008, land surveyor Luc Lévesque described the certificate of location as “the autopsy of a property, at a given time”. In other words, the location certificate will not give all the exact measurements, such as if, for example, there was a change in the exterior cladding on the house, or if a fence was added after the creation of said certificate. We therefore open the door to doubt as to the exact dividing line of the land.
In Quebec, only demarcation provides the greatest legal assurance for a property line.
Before entering a costly process, it is sometimes better to question the immediate neighborhood in good faith, because residents who have lived in the neighborhood for a long time are often precious resources.
