Definition : Declaration of co-ownership - Concomitant declaration of co-ownership

Notarial deed, published in the land register, the main purpose of which is to subject an immovable to the divided co-ownership regime by the method of concomitant declarations of co-ownership. The declaration of co-ownership is published on one of the private portions of the initial co-ownership. The co-ownership resulting from this declaration of co-ownership is legally independent of the other concomitant co-ownerships, both in the management and the maintenance of its building, while being included in the initial co-ownership. This type of co-ownership can be vertical (residential tower) or horizontal (townhouse complex).

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The intervention of the notary is very important when purchasing an apartment in a divided co-ownership. A professional, member of the “Chambre des notaires du Québec” (Québec Chamber of Notaries), he is also a public officer. As such, the notary has without limitation the mission of executing deeds to which the parties wish or are required to endow with authenticity (such as  a declaration of co-ownership). Even though it is preferable that he should get involved at the outset of a transaction, this legal adviser usually gets involved  after the signing of the offer to purchase or of the preliminary contract. The notary, in his capacity of public officer: Warrants the validity of the deed of sale; Is bound to act objectively and to give legal advice to all the parties (equally to the purchaser and the vendor); Is bound to a duty of information to the parties, which means he should give the parties relevant advice and information in relation with the deeds signed before him.
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