The appeal concerned whether submerged strips of privately owned land lying between sold riparian lots and a navigable lake were transferred with the lots under art. 1718 of the Civil Code of Québec.
The majority held that although the deeds of sale described only the riparian lots as principal property, the submerged parcels were accessories because they were destined to serve the lots and were necessary to their agreed use as private waterfront vacation properties with direct and exclusive shoreline access.
The Court formulated the applicable accessory analysis by focusing on the destination of the principal property, the accessory’s appropriation to that use, and the buyers’ legitimate expectations.
It further held that the contracts did not unequivocally exclude the accessory rule, particularly where the buyers were not informed of the submerged lands’ existence.
The appeal was dismissed with costs, over a dissent that would have held land cannot constitute an accessory in these circumstances and that the deeds excluded any such transfer.
