Definition : Disturbances to enjoyment

Interference by a person whose effect is to affect a third party’s right to use a thing he either owns or possesses. Enjoyment disturbances can be classified in two main categories: abnormal neighborhood annoyances and legal disorders. Insofar as divided co-ownership is concerned, the Civil Code of Québec provides that a co-owner suffering a prejudice as a result of the execution of work, particularly in the case of a serious enjoyment disturbance, is entitled an indemnity from the syndicate if the syndicate ordered the work or, if it did not, from the co-owners who carried out the work.

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In principle, the work undertaken by the syndicate should not cause harm to a co-owner. If he suffers a prejudice beyond a mere temporary nuisance, he is then be entitled to an indemnity. Article 1067 of the Civil Code of Québec states that a co-owner may be indemnified by the syndicate, if the work was carried out at the request of the latter. This article lists the grounds for indemnification, namely the permanent diminution in the value of his fraction, a grave disturbance to enjoyment, even if temporary, or through deterioration to the private portion.
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