Definition : Deed of sale

Contract by which the syndicate of co-owners (seller) transfers the ownership of a common portion to another person (purchaser) in return for a price paid in cash that the latter undertakes to pay. The sale can only affect one element of the common portions  (for example: a part of the back yard of the immovable) because without common portions, a divided co-ownership cannot exist. In addition, such a sale usually involves the creation of one or more new lots, so that the element sold is individualized. Such alienation must be approved by the meeting of the co-owners, by an enhanced majority, in the case of a simple deed of alienation or, by a double majority, in the case of an alienation of common portions whose preservation is necessary to maintain the destination of the immovable.