Definition : Servitude - Servitude of right-of-way

Charge imposed upon an immovable, the servient land, in favor of another immovable belonging to a different owner, the dominant land. In accordance with the servitude’s provisions, it allows the owner of the dominant land to pass on foot or with a vehicle on the servient land. Co-ownership declarations often include such servitudes of right of way, such as to allow directors of the syndicate of co-owners and their representatives to have access to the private portions to ensure the preservation of the immovable (for example, common systems repairs and replacement ). The location of the right of way must be clearly described and is called the “site".

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The declaration of co-ownership includes the set of rules ensuring the efficient organization of a co-ownership. Its knowledge by the members of the board of directors and by each co-owner is essential to the proper operation of the co-ownership. This co-owners reference document is consulted, for example, in the case of work. For a promisor-buyer, the declaration of co-ownership contains a wealth of useful information regarding the conditions of use and enjoyment of the private and common portions. Hence the necessity of reading this document before buying, to avoid unpleasant surprises, especially as to the use one intends to make of his private portion.
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