CCQ-1992 - Act respecting the implementation of the reform of the Civil Code

Section 155 Disposition versions

2001-10-09

155. Until the territory in which an immovable is situated has been the subject of a cadastral renovation, the articles of Book Nine of the new Code shall apply, with regard to that immovable, subject to the following restrictions:

(1)  the second paragraph of article 2996, the first paragraph of article 3030, the last paragraph of article 3043 and article 3054 are not applicable;

(2)  the requirement under articles 3036 and 3037 that measurements be mentioned is not applicable, and the following shall apply in place of the provisions of the second paragraph of article 3037:

“The description of a part of a lot as the remainder after separation of other parts of the lot is admissible only if the separated parts are described in accordance with the provisions of article 3036.”;

(3)  article 3042 is not applicable where the application for registration of the transfer, cession or right referred to in that article includes a statement, made by the person authorized to expropriate the immovable or to appropriate a right of ownership in the immovable, that the immovable comprising the required part and the remainder corresponded to one or more parts of a lot at the time when the notice of expropriation or appropriation was registered.

In addition, if the territory has not been the subject of a cadastral renovation after 22 June 1992, pursuant to the Act to promote the reform of the cadastre in Québec (chapter R-3.1), the presumption of accuracy attaching to the cadastral plan, as established by article 3027 of the new Code, is not applicable and the titles relating to the immovable prevail over the cadastral plan.

1992, c. 57, s. 155; 1995, c. 33, s. 6; 2000, c. 42, s. 92.

2000-12-05

155. Until the land register in a registration division is composed of land books made up of land files, in accordance with article 2972 of the new Code, and until the registrations of real rights concerning an immovable are entered on a land file after filing of the updating report at the registry office, the articles of Book Nine of the new Code shall be considered in the light of the following restrictions:

(1)  for the purposes of articles 2943, 2944, 2957 and 2962, the immovable is considered as not having been immatriculated;

(2)  articles 2973 to 2975, article 3058, the second paragraph of article 3059 and article 3064 are not applicable;

(2.1)  articles 2981 and 2986 do not apply to applications for registration which relate to the land register;

(2.2)  the following provisions apply in place of the provisions of the second paragraph of article 2982:

“The application is made by presenting the act itself or an authentic extract thereof, by means of a summary of the document or, where the law so provides, by means of a notice. It contains, in particular, the identity of the holders and grantors of the rights, the description of the property affected and any other particular prescribed by law or by the regulations under this Book.”;

(2.3)  (paragraph repealed);

(2.4)  (paragraph repealed);

(3)  the second paragraph of article 2996, the first paragraph of article 3030, the last paragraph of article 3043 and article 3054 apply only in territories that have been the subject of a cadastral renovation;

(4)  the registrar need not carry out the verifications required by articles 3013 and 3014 concerning the titles of the grantor or last holder of the right concerned or of the State, or concerning the title of indebtedness;

(4.1)  in a territory that has not been the subject of a cadastral renovation, the requirement contained in articles 3036 and 3037 that the measurements of an immovable be mentioned is not applicable and the following provisions apply in place of the provisions of the second paragraph of article 3037:

“The description of a part of lot as the remainder after separation of other parts of the lot is admissible only if the other parts of the lot are described in accordance with the provisions of article 3036.”;

(5)  when a land file is opened, registration of the description of the owner, of the mode of acquisition of the immovable and of the registration number of the title is limited to land books made up of land files, in accordance with article 2972 of the new Code;

(6)  rights are not carried over where a real right must be published with respect to an immovable.

1992, c. 57, s. 155; 1995, c. 33, s. 6; 2000, c. 42, s. 92.

1995-08-31

155. Until the land register in a registration division is composed of land books made up of land files, in accordance with article 2972 of the new Code, and until the registrations of real rights concerning an immovable are entered on a land file after filing of the updating report at the registry office, the articles of Book Nine of the new Code shall be considered in the light of the following restrictions:

(1)  for the purposes of articles 2943, 2944, 2957 and 2962, the immovable is considered as not having been immatriculated;

(2)  articles 2973 to 2975, article 3058, the second paragraph of article 3059 and article 3064 are not applicable;

(2.1)  articles 2981 and 2986 do not apply to applications for registration which relate to the land register;

(2.2)  the following provisions apply in place of the provisions of the second paragraph of article 2982:

“The application is made by presenting the act itself or an authentic extract thereof, by means of a summary of the document or, where the law so provides, by means of a notice. It contains, in particular, the identity of the holders and grantors of the rights, the description of the property affected and any other particular prescribed by law or by the regulations under this Book.”;

(2.3)  a title registered in the appropriate register is considered to be validly published, within the meaning of articles 2988 and 2991;

(2.4)  the restrictions contained in the second paragraph of article 2991 concerning the content of applications for registration are not applicable;

(3)  the second paragraph of article 2996, the first paragraph of article 3030, the last paragraph of article 3043 and article 3054 apply only in territories that have been the subject of a cadastral renovation;

(4)  the registrar need not carry out the verifications required by articles 3013 and 3014 concerning the titles of the grantor or last holder of the right concerned or of the State, or concerning the title of indebtedness;

(4.1)  in a territory that has not been the subject of a cadastral renovation, the requirement contained in articles 3036 and 3037 that the measurements of an immovable be mentioned is not applicable and the following provisions apply in place of the provisions of the second paragraph of article 3037:

“The description of a part of lot as the remainder after separation of other parts of the lot is admissible only if the other parts of the lot are described in accordance with the provisions of article 3036.”;

(5)  when a land file is opened, registration of the description of the owner, of the mode of acquisition of the immovable and of the registration number of the title is limited to land books made up of land files, in accordance with article 2972 of the new Code;

(6)  rights are not carried over where a real right must be published with respect to an immovable.

1992, c. 57, s. 155; 1995, c. 33, s. 6.

1994-01-01

155. Until the land register in a registration division is composed of land books made up of land files, in accordance with article 2972 of the new Code, and until the registrations of real rights concerning an immovable are entered on a land file after filing of the updating report at the registry office, the articles of Book Nine of the new Code shall be considered in the light of the following restrictions:

(1)  for the purposes of articles 2943, 2944, 2957 and 2962, the immovable is considered as not having been immatriculated;

(2)  articles 2973 to 2975, article 3058, the second paragraph of article 3059 and article 3064 are not applicable;

(3)  the second paragraph of article 2996, the first paragraph of article 3030, the last paragraph of article 3043 and article 3054 apply only in territories that have been the subject of a cadastral renovation;

(4)  the registrar need not carry out the verifications required by articles 3013 and 3014 concerning the titles of the grantor or last holder of the right concerned or of the State, or concerning the title of indebtedness;

(5)  when a land file is opened, registration of the description of the owner, of the mode of acquisition of the immovable and of the registration number of the title is limited to land books made up of land files, in accordance with article 2972 of the new Code;

(6)  rights are not carried over where a real right must be published with respect to an immovable.

1992, c. 57, s. 155.