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Act by which a co-owner transfers his exclusive right of use in a common portion for restricted use to another co-owners in the context where the declaration of co-ownership makes such an assignment possible. If the fraction of co-ownership includes exclusive rights of enjoyment in common portions, these are necessarily transmitted with it. If the exclusive rights of enjoyment are not a component of the fraction, but have been conferred personally on a co-owner, then article 1047 of the Civil Code of Quebec is not applicable to them and the declaration of co-ownership may allow the alienation in favour of another co-owner without alienating the fraction.
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27/03/2024
Vehicle parking within the immovable may be organized as a common portion for restricted use. Most often than not, declarations of co-ownership (constituting act of co-ownership) designate the legal status of exterior parking spaces as common portions for restricted use; this is also true for indoor parking spaces when the developer (declarant) decides that it…...
08/06/2015
The characteristic of divided co-ownership is to divide the building into various lots that will be the exclusive property of the co-owners (private portions), and for others that will be the property of all the co-owners (common portions). These lots are identified by an individual number, which was assigned during…...
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09/08/2022
Question: I plan to purchase the exclusive right of enjoyment of a parking space (common portions for restricted use) a few months after purchasing my apartement (parking is sold directly by the developer). Do I have to go to the notary to change my deed of purchase to indicate that…...