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Charge imposed on an immovable, the servient land, in favour of another immovable, the dominant land, belonging to a different owner. The charge requires the owner of the servient land to tolerate certain acts of use by the owner of the dominant land or himself abstain from exercising certain rights inherent to ownership. Declarations of co-ownership often include real servitudes, for example a right of way that allows a co-owner to access his parking space (private portion), by passing on another co-owner's parking space.
WHAT YOU SHOULD KNOW ! It is common to find easements in the declaration of co-ownership established by the developer by destination of the owner, to ensure the proper functioning of the entire building. These servitudes typically concern drainage, views, encroachments, the presence of certain mechanical elements, and access rights.
WARNING! The creation of a servitude against the common portions is considered an act of alienation of immovables (e.g., a right-of-way easement granted to a neighbor). Regarding acts of alienation, the meeting of co-owners must approve them by the enhanced majority as specified in article 1097 of the Civil Code of Quebec.