Definition : Immatriculation of an immovable

Cadastral operation which consists in determining its relative position on a cadastral plan, indicating its boundaries, measurements and area and assigning a number to it. No declaration of co-ownership may be registered unless the immovable is the subject of a cadastral plan that contains the immatriculation of the private and common portions. In addition, the Civil Code of Quebec specifies that immatriculation of the private and common portions of a vertical divided co-ownership may not take place before the foundation and main walls of the building in which they are situated allow measurement of their limits.

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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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The declaration of co-ownership is a document that encompasses all the rules specific to a syndicate of co-owners, in order to ensure the proper functioning of an immovable and cohesion between its occupants. It also specifies the conditions of use and enjoyment of the common and private portions. Co-ownership living is not static. It is evolutionary and subject to change, which will sooner or later be claimed by co-owners. This evolution will sometimes lead to amendments to the declaration of co-ownership, subject to compliance with the terms and conditions set out in the Act. Thus, any amendment to the declaration of co-ownership is generally the subject of a vote at a meeting of co-owners. The vote to make such an amendment differs according to the nature of the change to be made.
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