Definition : Foundations and main walls

All of the structural components of the building: It includes every component insuring the strength and stability of the building, more particularly, the foundations, load bearing walls, floors, posts, beams, etc. These components are all together part of a system; thus the alteration of one or many of them may alter the whole structure. Article 1044 of the Civil Code of Québec creates a presumption to the effect that they are a common portion of the immovable.This is generally the case in vertical co-ownerships. The situation is different in horizontal co-ownerships were the foundations and main walls are generally situated in private portions.


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The essence of divided co-ownership (condo) is to divide the building into private portions for the exclusive use of a co-owner, and into common portions for the common use of all the co-owners or of one or more co-owners. Private portions The private portions are the fractions of the immovable in which the co-owners have an exclusive right of property.  They are described in the part of the declaration of co-ownership dedicated to the cadastral description of the fractions.  These portions are physically identifiable.  It can be an apartment, a parking space or a parcel of land in the case of townhouses.  Each private portion has its own cadastral designation.
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