Exercising servitude rights when using the distribution grid
(Update of the article published on June 1, 2000)
During a real estate transaction, real estate brokers often have to deal with cases of non-compliance with the obligations or rights contained in Acts of Servitude. Infringement of a servitude may delay the finalization of a transaction, and often causes problems between the seller, buyer and creditor. Hydro-Québec regrets having to do so, however, as the owner of a distribution network, it must assume its obligations and responsibilities. A servitude is one means by which Hydro-Québec manages the risks arising from the use of a grid made up of 2,400,000 poles located all over public and private lands throughout Québec. The rules which govern Hydro-Québec's policy regarding infringements in its expropriations of distribution lines are as follows:
- Hydro-Québec rejects infringements which deviate from its construction, maintenance and operations standards;
- It will not sign a notarized act of termination or toleration to resolve an infringement;
- It exercises and asserts its rights in accordance with its by-laws;
- It intervenes when the infringement could pose a threat to public safety, a risk to continuity of service or prevent access to its facilities;
- When the solution for an infringement requires the removal or physical modification of an electric power line, the cost and work shall be assumed by the infringing party;
- It agrees to limit the extent of its servitude by means of a notarized act if the size of the expropriation or existing servitude is greater than current or foreseeable needs of the grid.
To ensure faster and more equitable processing of requests, Hydro-Québec invites notaries to send these requests to the Client Services Office so that they can be entered into its client request monitoring system. It is important to specify that the request concerns a servitude for distribution. The address and telephone number of Hydro-Québec's Client Services Office for the property concerned appear on the back of the hydro bill.
For more information, please check Hydro-Québec’s website under section: “Rights and servitudes on your property for safety and service continuity”.