Encroachment of common portions on a private portion

The pipes and ventilation ducts that supply the private portions are generally included in the common portions. The walls in which these are located are therefore common portions.

When preparing a cadastral plan, the surveyor will strive to identify this before the walls are closed. Sometimes the builder makes changes to the walls and ducts between the time the surveyor makes his measurements and the delivery of the unit. These changes create encroachments that must be addressed.

Solutions to encroachment:

1. Create a separate lot number for the encroachment, make a transaction and amend the declaration of co-ownership to incorporate this lot into the common portions. However, this involves changes in the hypothecs. This solution is not usual for a co-ownership property and is more adapted to a single-family home.
2. Create a servitude, which must be done by a notary.
3. Amend the declaration of co-ownership to make the encroachment a private portion for restricted use. This is the simplest solution.