Question
Jacques Asselin bought land with a main residence in the Laurentians. There plot is so large that it is covered with woods and the first
Jacques Asselin bought land with a main residence in the Laurentians. There
plot is so large that it is covered with woods and the first neighbor is 1 km away.
To buy the residence, Jacques took out a mortgage of $400,000.
There is no fence on the land.
For three years and a month, Jacques has used an old shed with foundations every year.
stone located in the woods. Neighbors also saw him using this shed when they passed by.
on a path not far from it to get to the road. These neighbors are owners
from a chalet behind Jacques' land and only have this path to get to the road.
Moreover, when acquiring the land, Jacques verbally authorized them to pass over
his property. Regarding the shed, it was not listed as an outbuilding of the property.
house in the notarial deed of sale. But it was abandoned when it was discovered three years ago.
years and one month. One beautiful spring day, the neighbor comes to the shed while Jacques
works there and demands that the latter leave the shed, explaining that he is the owner.
He adds that he spied on him for several months when he worked there.
1) What is the legal qualification of the shed?
2) Is Jacques’ house part of his heritage? And what about the legal terms of the mortgage?
3) Who is the owner of the shed?
4) By claiming that he is spying on him, Jacques' neighbor is infringing what right?
5) What legal precaution should neighbors who use the path on the property take?
property of Jacques to get the route?
Present a complete argument respecting the problem resolution methodology
blame in law. As a reminder, you must always indicate the relevant facts and the article of
law apply, and justify your choice in conclusion, explaining the link you make
between the applicable law and the facts of the problem.
You must use the Civil Code of Qubec to find the applicable articles, particularly when the manual does not provide the article of the Code applicable to the situation.
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