Parking spaces
In some co-ownership properties, parking spaces are included in the immovable’s private portions. These spaces have a separate cadastral number, a relative value, a separate tax account, and a share of common expenses.
In other co-ownerships, parking spaces are designated as common portions for restricted use on which a co-owner has a right of use, but not a right of ownership. In these instances, these spaces do not have a separate cadastral number, but rather an identification number that is internal to the co-ownership.
In some co-ownerships, parking spaces are common portions that are not for restricted use. Therefore, the co-owner will not have a right of ownership or exclusive right of use.
Use without right of use or right of ownership
A co-owner may be using a parking space on which he has no right of use or ownership. For instance a co-owner could be using the space assigned to a neighbour who does not own a vehicle. In this case, if the neighbour refuses to extend the same favour to the new co-owner, the buyer will find himself without parking.
► DUTIES AND OBLIGATIONS OF THE BROKER
The broker must:
- verify in the declaration of co-ownership if the parking space included in the sale is a private portion, a common portion, or a common portion for restricted use. If this information is not specified in the declaration of co-ownership, a parking space is presumed to be a common portion under the Civil Code of Québec;
- specify the type of portion on the detailed description sheet and on the various forms (Exclusive brokerage contract – Divided co-ownership, Promise to purchase – Divided co-ownership, Exclusive brokerage contract – Sale of an immovable).
