Definition : Real servitude

A charge imposed on an immovable, the servient land, in favour of another immovable, the dominant land, and which is owned by a different owner. This charge compels the owner of the servient land to tolerate, from the owner of the dominant land, certain uses or to abstain himself from exercising certain rights inherent to property. The declarations of co-ownership often include real servitudes, for example a servitude of right of way which allows a co-owner to have access to its parking space (private portion) by passing on the parking space of another co-owner.

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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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