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The situation of an immovable where its holder’s property titles are susceptible of partial or total contestation, because of third party rights upon the immovable. A defect in title may exist, for example, if the immovable was incompletely described in a previous sale or when the seller did not have the full capacity to dispose of it. In a co-ownership, this is also be the case where a private portion encroaches on the common portions of the immovable, of which the co-owner holds only an undivided share. Title defects can usually be corrected to give the owner of the immovable a clear title.
29/05/2024
You move into your new condo. A few weeks later, a bailiff knocks on your door and serves upon you a notice of preservation of a legal hypothec of construction. He also served all your neighbors. Reading this document, you learn that a dispute remains unresolved between the developer and…...
25/10/2010
Even after the transfer of ownership, the buyer benefits from several guarantees. Unless otherwise stated, the sale of a building is subject to a basic guarantee, generally called the "legal guarantee". This guarantee exists by the sole effect of the law, that is to say without it being necessary to…...