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Charge imposed on an immovable (the servient land) in favor of another immovable (the dominant land) belonging to a different owner. This charge obliges the owner of the fund to abstain certain rights inherent in ownership (e.g. non-construction servitude), or to support certain acts of custom on the part of the owner of the dominant land (e.g. right-of-way servitude).
23/07/2024
Article 1083 of the Civil Code of Quebec allows syndicates of co-owners to regroup within an association. More of an incentive than a creator of rights, this article aims to encourage syndicates to come together to share, in particular, the cost of certain common services. The latter can thus pool resources…...
20/07/2024
.The declaration of co-ownership is a contractual document drawn up by the person who subjects an immovable to the regime of divided co-ownership. Its publication in the Quebec Land Register is a necessity for the existence of a syndicate of co-owners. It includes all the rules ensuring the efficient organization…...
16/06/2024
The directors of a co-ownershipmay, eventually, be required to enter a co-owner’s private portion. Article 1066 of the Civil Code of Québec obliges the co-owner, as well as their tenant or any other occupant, to accept work within their private portion. This applies particularly to urgent or conservation work aimed at ensuring…...
05/06/2023
In the case of a real estate transaction in a divided co-ownership, the certificate of location of the private portion is not always sufficient. A certified copy of the certificate of location of the entire building may also be requested. It is this certificate of location that will inform the…...