Don Joyce, residential and commercial real estate broker in Knowlton, Quebec

Don Joyce

Residential & Commercial Real Estate Broker

Royal LePage Au Sommet

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What Riparian Rights Actually Mean in Quebec

Lac-Brome and the wider Eastern Townships draw a steady stream of buyers looking for a place on the water. Before making an offer on shoreline property, it’s worth understanding what Quebec law actually gives a waterfront owner — and what it doesn’t. The short version: owning the shore is not the same as owning the lake.

Who Owns the Lake Bed?

Under the Civil Code of Quebec, the bed of a navigable or floatable lake or river belongs to the State, up to the high-water line — not to the property owners along the shore. A lake the size of Brome Lake falls into this category, so the lakebed itself belongs to the Province of Quebec, not to any of the cottages around it.

Smaller, non-navigable lakes and streams follow a different rule with a specific historical cutoff: if the riparian land was sold off by the State before February 9, 1918, ownership of the waterbody’s bed passed to the riparian owner along with the land. Land alienated after that date follows the general rule — the bed stays with the State. For any non-navigable waterbody, this is a title question a notary can trace through the property’s deed history.

This isn’t just a property-law technicality. Quebec’s Loi affirmant le caractère collectif des ressources en eau explicitly treats water as part of the common heritage of the Québec nation — something that cannot be privately appropriated, regardless of who owns the surrounding land.

What a Riparian Owner Can Actually Do

Courts have recognized that owning waterfront land carries a bundle of accessory rights — access, use (navigation, swimming, drawing water) and view — even though the water and the lakebed underneath it remain public. These are usually called riparian rights, or droits riverains.

Those rights come with limits. A riparian owner can use the water for their own needs, but cannot alter its quality or quantity, and cannot prevent other people from exercising the same rights — navigating, swimming, or drawing water — on the water itself.

Can the Public Walk Across Your Property to Reach the Water?

No. Anyone who can legally reach a lake or river — by boat, or from a public access point — is generally free to navigate or swim on it. But that right stops at the water’s edge. A riparian owner can still forbid the public from crossing their private land, beach, or dock to get to the water in the first place.

That distinction is why studies of Quebec’s shoreline have found that at least 98% of the lake and river shores examined are inaccessible to the public — not because the water itself is private, but because almost all of the land beside it is. Municipalities can and do create public access points (boat launches, beaches, paths), but outside of those, the shore in front of a private property is exactly that: private.

What This Means When You’re Buying

Waterfront ownership in Quebec is really riparian ownership — a bundle of use, access and view rights attached to the shore, not a private lake. For most buyers this changes little in practice; it mainly matters for two things worth confirming with a notary before closing: whether a non-navigable waterbody’s bed transferred with the land (the pre/post-February-9-1918 question above), and what any existing public-access easements or municipal rights-of-way on the property actually allow.

For a sense of how much shoreline is actually in play locally, Lac-Brome’s own lake surface covers roughly 14.5 km2 — see the Lac-Brome by the Numbers page for the full regional snapshot. And if you’re buying from outside Canada, it’s worth also reading how Canada’s foreign buyer ban actually works — a separate, federal question from anything covered here.

Sources: Civil Code of Quebec, art. 919 (LégisQuébec) · Éducaloi, « Accès aux lacs et rivières : quelles limites? » · Centre québécois du droit de l’environnement (CQDE), « À qui appartiennent les cours d’eau au Québec? »