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. 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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In the case of a real estate transaction in a divided co-ownership, the certificate of location of the private portion is not always sufficient. A certified copy of the certificate of location of the entire building could also be requested. It is this certificate of location that will inform the buyer of the compliance of the overall property with respect to laws and regulations, encroachments, servitudes, as well as possible restrictions regarding the addition of a pool, sheds, for example.
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The characteristic of divided co-ownership is to divide the building into various lots that will be the exclusive property of the co-owners (private portions), and for others that will be the property of all the co-owners (common portions). These lots are identified by an individual number, which was assigned during the cadastral operation. Each of the private lots of the co-ownership thus constituted becomes a unique property. The distinction between the common and private portions is essential, particularly from the point of view of maintenance, which is the responsibility of the syndicate of co-owners for the common portions and of the co-owners for the private portions.   
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