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.
February 27, 2017 - Noise is a common nuisance in co-ownership. It is an extremely sensitive issue, to the extent that many declarations of co-ownership provide stringent by-laws in this area, particularly within multi-floor buildings.
Managing noise issues is a necessity for any Board of Directors and co-owner. This task is however difficult, since what constitutes a nuisance is both objective and subjective. With this in mind, to eradicate harmful noise, the first step is to find its source. We have identified three major causes.
The Law grants to purchasers the right of obtaining the most truthful and complete information possible on the nature and exact characteristics of the property being sold.
This obligation encompasses all the critical and relevant information concerning the immovable and the co-ownership. The information to be provided shall cover the private portion and the common portions of the building. You should act with the utmost care to ask for and obtain the required information to allow you to avoid disputes with your vendor (developer or builder).
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.
An apartment held in divided co-ownership caught your attention. You seriously consider buying it, but before making a commitment, you would like more information about the neighborhood. To obtain additional information to that supplied by the co-owner seller, it will often be necessary to conduct your own survey. This is important on account of the possibility of abnormal neighborhood annoyances caused by noise, odors and smoke, the main cause of co-owners’ conflicts.