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.

Private portions and common portions

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.

Amendment of the declaration of co-ownership

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.

Related articles