T-8.1, r. 7 - Regulation respecting the sale, lease and granting of immovable rights on lands in the domain of the State

Section 20 Disposition versions

2012-09-01

20. Where land bordering a lake or a watercourse is sold or transferred, the deed of sale or transfer may contain the following clause:

“The Gouvernement du Québec or one of its mandataries may not be in any way held responsible for damage that might be incurred by the purchaser, or his heirs or assigns, as a result of the construction, maintenance, reconstruction or demolition of any dam or any work related to a dam built, maintained, reconstructed or demolished, in accordance with the standards or requirements fixed by the departments involved, and that the government has considered expedient to authorize or carry out in the public interest.

This clause may be pleaded only in the case of an existing dam or a dam whose construction began within 5 years of the signing of this deed.”

The deed may also contain a clause establishing a servitude for flood, erosion, water infiltration and ice backup resulting from the operation or construction of a dam.

O.C. 231-89, s. 20; O.C. 705-2010, s. 12.