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Public document prepared by a land surveyor. It provides an official graphical representation of the division of an immovable into distinct lots and shows their respective positions in relation to one another (common portions and private portions).
In divided co-ownership law, the cadastral plan has particular legal significance. Its filing with the Québec Land Register is a mandatory prerequisite for the creation of a divided co-ownership. Pursuant to the second paragraph of article 3030 of the Civil Code of Québec, a declaration of co-ownership may not be published unless a cadastral plan has first provided for the registration of the private and common portions. This requirement applies to both horizontal and vertical co-ownership.
The cadastral plan forms part of the Québec Land Register. Its purposes include:
WHAT YOU SHOULD KNOW ! The cadastral plan is accessible online via the Quebec land Register website.
WHAT TO KEEP IN MIND : The cadastral plan is presumed accurate and has decisive legal authority. In the event of a discrepancy with the declaration of co-ownership, the indications appearing on the cadastral plan prevail. A copy of the plan must be kept in the register of co-ownership and made available to any co-owner upon request.
WARNING ! The cadastral plan should not be confused with the certificate of location. The latter is a private document, also prepared by a land surveyor, but on behalf of an owner, and it does not have the same constitutive or legal effect.
27/06/2025
In vertical co-ownership, each apartment is represented by an air volume registered in the cadastre. This volume defines what each co-owner owns. The land and the structure of the building (foundations, load-bearing walls, roof) form the common portions, also identified in the cadastre. But what happens if the building is…...
07/12/2024
We own a two-level apartment (a main floor and a mezzanine) in a three-story building. Initially, an open space above the kitchen, crossed by beams, created an open area up to the mezzanine ceiling. The first owner added glass panels on the beams, turning this space into a glass ceiling…...
05/11/2024
As president of the board of directors, I would like to address the matter of dryer duct maintenance. To prevent lint buildup, ensure the safety of residents, and maintain the efficiency of the ventilation systems, it is recommended to clean these ducts every two or three years. My question is…...
21/09/2024
In divided co-ownership, the property of the building is divided among the co-owners in the form of "fractions." Each fraction includes a clearly defined private section, such as an apartment, a parking space, a storage unit, or even sometimes a piece of land. Additionally, each fraction grants a share of the common…...
17/09/2024
An obligation exists for the seller, namely that of announcing the exact size of the unit he is selling. Most buyers attach great importance to the area/price ratio of an apartment, as this is a data that will greatly influence the price offered or their decision to buy or not.…...
22/07/2024
Whether you are a real estate developer (for a new building) or several owners of an existing building who wish to convert it, the rules for subjecting a building to divided co-ownership are the same. The creation of a divided co-ownership is necessary when an immovable must be divided into…...
01/07/2024
Most buyers attach great importance to an apartment area/price ratio. Therefore, before signing the deed of sale, take time to carefully measure the area of your unit. Discrepancies between what is shown on the plan provided at the signing of the preliminary contract, versus the actual area shown on the…...
17/04/2024
The contingency fund is set up on the basis of forward planning limited to certain work namely that which the purpose is the preservation of the common portions; thus, this collective saving allows to finance the execution of work allowing the rehabilitation of the common portions as well as the common portions for restricted use. The contingency fund must…...
25/03/2024
Parking spaces designated as private portions are common in divided co-ownership; this specific legal status is granted to them by the declaration of co-ownership, which identifies them as fractions in the section dedicated to the description of the fractions. Similar to an apartment held in co-ownership (condominium), all parking spaces have a…...
08/06/2015
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…...
02/06/2015
It may sometimes happen that the newly constructed building cannot be immediately subject to a declaration of co-ownership because of the delays surrounding the filing of the cadastral plan with the land register. It is therefore impossible to create the co-ownership and to proceed with the signing of the notarial…...
09/12/2023
Section 1719 of the Civil code of Québec states that the seller must provide the buyer with a copy of the deed of purchase, as well as with a copy of the owner history and of the certificate of location he has on hand. Prepared by a land surveyor, the…...