Definition : Encroachment

The use without color of right by a co-owner of a parcel of adjoining land, owned by a different  owner without his consent, by a construction or the enlargement of a construction beyond the limits of his property. An encroachment can be regularized by  means of signing a servitude, the partial alienation of the parcel being the object of the encroachment, in favor of the party responsible for the said construction, or by prescription and even by the removal so the said construction.

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The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the destination of the immovable, a noise nuisance and work carried out in violation of the by the laws of the immovable. Other examples illustrate the problems that can occur in the co-ownership, such as an encroachment on a common portion or the improper installation of a floor covering. Anyone who does not abide to the declaration of co-ownership is liable, inter alia, to a legal recourse based on article 1080 of the Civil Code of Quebec . This action may be brought by a co-owner or the syndicate.
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Prepared by a land surveyor, the certificate of location should be in the title file of the immovable.  In most cases it is required for a real-estate transaction. Regardless of whether the seller has a certificate of location in his possession, the obligation to supply one remains. If the vendor does not have  a certificate, the seller must have one prepared. Furthermore, obtaining  title insurance does not relieve the seller of his obligation to provide an up-to-date certificate of location.    
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The Law imposes upon the vendor the obligation to warrant the immovable sold. Except if provided otherwise, the sale of an immovable is made with a basic warranty known as the legal warranty. Under Article 1716 of the Civil Code of Quebec (C.C.Q.), the vendor is bound to warrant the ownership (1723 C.C.Q.) and the quality of the property against hidden defects (1726 C.C.Q.)
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