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).
Neighbourhood annoyances are the main source of conflicts between co-owners.