Definition : Personal servitude

A charge imposed on an immovable, the servient land, in favour of one or more named persons. It is for a limited term, as it will be extinguished when the stipulated term expires (for example, a servitude may be exercised for a maximum period of ten years) or, ultimately and in the absence of expressed wording, when the person who benefits from it dies. Incidentally, there is thus an absence of dominant land. This charge compels the owner of the servient land to tolerate certain uses or to abstain himself from exercising certain rights inherent to property.

The declarations of co-ownership sometimes provide for personal servitudes, for example a servitude of construction which allows the developer of a real-estate project to access the private or common portions of the immovable for the purpose of completing its construction and its layout, and which compels the co-owners to tolerate the inconveniences resulting from such  work.

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The declaration of co-ownership includes the set of rules ensuring the efficient organization of a co-ownership. Its knowledge by the members of the board of directors and by each co-owner is essential to the proper operation of the co-ownership. For a promisor-buyer, the declaration of co-ownership contains a wealth of useful information regarding the conditions of use and enjoyment of the private and common portions. Hence the necessity of reading this document before buying, to avoid unpleasant surprises, especially as to the use one intends to make of his lot.
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