154. Where underground construction work is undertaken, as of the commencement of the work and without formality or compensation, but subject to an action for damages, the Société de transport de Montréal shall become the owner of the volume occupied by the tunnel and of the area extending five metres outward from the interior concrete wall of the subway tunnel. In addition, the Société is deemed to hold a legal servitude established in favour of the volume occupied by the tunnel and limiting the stress that may be applied to the upper surface of the volume to 250 kilopascals.
However, the Société de transport de Montréal shall, on the commencement of the work, notify the owner of the land of the work and of the provisions of this section. In the year following the completion of work, the Société de transport de Montréal shall deposit in its archives a copy of a plan certified by the head of the department concerned, showing the horizontal projection of the tunnel. It shall register the plan in the registry office and the registrar shall receive the plan and make a notation in its respect in the land register.
2001, c. 23, s. 154; 2008, c. 18, s. 110.