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The use without color of right by a co-owner of a parcel of adjoining land, owned by a different owner without his consent, by a construction or the enlargement of a construction beyond the limits of his property. An encroachment can be regularized by means of signing a servitude, the partial alienation of the parcel being the object of the encroachment, in favor of the party responsible for the said construction, or by prescription and even by the removal so the said construction.
09/06/2024
In a co-ownership setting, certain renovations or modifications made by a co-owner may impact the common portions, necessitating specific procedures and approvals. When the work of a co-owner has an impact on the common portions, the latter must obtain authorization from the meeting of co-owners to have it undertaken, even if the…...
09/06/2024
Sometimes, co-owners of contiguous private portions wish to modify the boundaries of their private portions. For example, if one of the two co-owners wishes to enlarge their apartment by incorporating part of the adjacent unit, specific procedures are necessary. Similarly, when a co-owner wishes to merge two units they own…...
17/07/2020
The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its…...
09/12/2023
Section 1719 of the Civil code of Québec states that the seller must provide the buyer with a copy of the deed of purchase, as well as with a copy of the owner history and of the certificate of location he has on hand. Prepared by a land surveyor, the…...
02/09/2023
Nous avons découvert, par suite de la réalisation d’un certificat de localisation d’un appartement, qu’une partie importante de celui-ci déborde sur les parties communes. Selon le notaire, qui doit procéder à la vente de cet appartement, cela a pour conséquence de créer un vice de titres pour l’ensemble des copropriétaires…...
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…...