Definition : Ownership right - Dismemberment of the right of ownership

Legal act which consists in transferring to a person other than the owner certain rights attached to the full ownership of a property. The dismemberment of the right of ownership thus makes it possible to divide the ownership of the property into usufruct and bare ownership.


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The first sentence of article 1090 of the Quebec civil Code states that "Each co-owner is entitled to a number of votes at a general meeting proportionate to the relative value of his fraction." The number of votes is related to the share of property rights each co-owner holds in the building. Therefore, the co-owner of a private portion whose relative value is higher will have more voting rights. In return, he or she will have to contribute to a larger portion of the costs related to the preservation of the immoveable and the maintenance and administration of the common portions, since common expenses are also distributed among all the co-owners according to the relative value of each portion.
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