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C-27.1 - Municipal Code of Québec

Section 1048
Disposition versions

Full text
1048. The sale effected under this Chapter is a title which conveys the ownership of the immovable sold. It vests in the purchaser all the rights of the original owner, and purges the immovable from all hypothecs whatsoever to which it may be subject, except, under reserve of the last paragraph, claims for constituted ground rents, for seigniorial dues and for rents substituted therefor, and the amounts for which such immovable may be encumbered for the payment of municipal bonds issued in aid of the construction of railways and other public undertakings; and except also the rights of trustees, for the amount of any assessment imposed on such immovable for defraying the cost of building or repairing any church, sacristy, parsonage or cemetery, provided that at least eight days before such sale, the chairman of the trustees has lodged with the clerk-treasurer of the regional county municipality, whose duty it is to make such sale, a statement attested under oath before a justice of the peace, and establishing the amount of such assessment for which the immovable is liable.
In all cases, however, where the immovable in question has been adjudged and sold before the issue of the letters patent from the State, such sale merely vests in the purchaser the right of preemption, or other rights already acquired in relation to such immovable.
The adjudication of an immovable to any municipality, having an interest by reason of a prior claim or legal hypothec on the said immovable, purges the latter from all constituted ground rents, rents under emphyteusis and rents replacing seigniorial rights, counting from the date of the adjudication and as long as the immovable remains the property of the said municipality. Such rents shall again be an encumbrance upon the immovable, but for the future only, from the date on which the immovable ceases to be the property of the municipality.
M.C. 1916, a. 745; 1938, c. 103, s. 15; 1992, c. 57, s. 495; 1996, c. 2, s. 429; 1999, c. 40, s. 60; 2021, c. 31, s. 132.
1048. The sale effected under this Chapter is a title which conveys the ownership of the immovable sold. It vests in the purchaser all the rights of the original owner, and purges the immovable from all hypothecs whatsoever to which it may be subject, except, under reserve of the last paragraph, claims for constituted ground rents, for seigniorial dues and for rents substituted therefor, and the amounts for which such immovable may be encumbered for the payment of municipal bonds issued in aid of the construction of railways and other public undertakings; and except also the rights of trustees, for the amount of any assessment imposed on such immovable for defraying the cost of building or repairing any church, sacristy, parsonage or cemetery, provided that at least eight days before such sale, the chairman of the trustees has lodged with the secretary-treasurer of the regional county municipality, whose duty it is to make such sale, a statement attested under oath before a justice of the peace, and establishing the amount of such assessment for which the immovable is liable.
In all cases, however, where the immovable in question has been adjudged and sold before the issue of the letters patent from the State, such sale merely vests in the purchaser the right of preemption, or other rights already acquired in relation to such immovable.
The adjudication of an immovable to any municipality, having an interest by reason of a prior claim or legal hypothec on the said immovable, purges the latter from all constituted ground rents, rents under emphyteusis and rents replacing seigniorial rights, counting from the date of the adjudication and as long as the immovable remains the property of the said municipality. Such rents shall again be an encumbrance upon the immovable, but for the future only, from the date on which the immovable ceases to be the property of the municipality.
M.C. 1916, a. 745; 1938, c. 103, s. 15; 1992, c. 57, s. 495; 1996, c. 2, s. 429; 1999, c. 40, s. 60.
1048. The sale effected under this Chapter is a title which conveys the ownership of the immovable sold. It vests in the purchaser all the rights of the original owner, and purges the immovable from all hypothecs whatsoever to which it may be subject, except, under reserve of the last paragraph, claims for constituted ground rents, for seigniorial dues and for rents substituted therefor, and the amounts for which such immovable may be encumbered for the payment of municipal bonds issued in aid of the construction of railways and other public undertakings; and except also the rights of trustees, for the amount of any assessment imposed on such immovable for defraying the cost of building or repairing any church, sacristy, parsonage or cemetery, provided that at least eight days before such sale, the chairman of the trustees has lodged with the secretary-treasurer of the regional county municipality, whose duty it is to make such sale, a statement attested under oath before a justice of the peace, and establishing the amount of such assessment for which the immovable is liable.
In all cases, however, where the immovable in question has been adjudged and sold before the issue of the letters patent from the Crown, such sale merely vests in the purchaser the right of preemption, or other rights already acquired in relation to such immovable.
The adjudication of an immovable to any municipality, having an interest by reason of a prior claim or legal hypothec on the said immovable, purges the latter from all constituted ground rents, rents contemplated under an emphyteutic lease and rents replacing seigniorial rights, counting from the date of the adjudication and as long as the immovable remains the property of the said municipality. Such rents shall again be an encumbrance upon the immovable, but for the future only, from the date on which the immovable ceases to be the property of the municipality.
M.C. 1916, a. 745; 1938, c. 103, s. 15; 1992, c. 57, s. 495; 1996, c. 2, s. 429.
1048. The sale effected under this Chapter is a title which conveys the ownership of the immovable sold. It vests in the purchaser all the rights of the original owner, and purges the immovable from all hypothecs whatsoever to which it may be subject, except, under reserve of the last paragraph, claims for constituted ground rents, for seigniorial dues and for rents substituted therefor, and the amounts for which such immovable may be encumbered for the payment of municipal bonds issued in aid of the construction of railways and other public undertakings; and except also the rights of trustees, for the amount of any assessment imposed on such immovable for defraying the cost of building or repairing any church, sacristy, parsonage or cemetery, provided that at least eight days before such sale, the chairman of the trustees has lodged with the secretary-treasurer of the county corporation, whose duty it is to make such sale, a statement attested under oath before a justice of the peace, and establishing the amount of such assessment for which the immovable is liable.
In all cases, however, where the immovable in question has been adjudged and sold before the issue of the letters patent from the Crown, such sale merely vests in the purchaser the right of preemption, or other rights already acquired in relation to such immovable.
The adjudication of an immovable to any municipal corporation, having an interest by reason of a prior claim or legal hypothec on the said immovable, purges the latter from all constituted ground rents, rents contemplated under an emphyteutic lease and rents replacing seigniorial rights, counting from the date of the adjudication and as long as the immovable remains the property of the said municipal corporation. Such rents shall again be an encumbrance upon the immovable, but for the future only, from the date on which the immovable ceases to be the property of the municipal corporation.
M.C. 1916, a. 745; 1938, c. 103, s. 15; 1992, c. 57, s. 495.
1048. The sale effected under this Chapter is a title which conveys the ownership of the immovable sold. It vests in the purchaser all the rights of the original owner, and purges the immovable from all privileges and hypothecs whatsoever to which it may be subject, except, under reserve of the last paragraph, claims for constituted ground rents, for seigniorial dues and for rents substituted therefor, and the amounts for which such immovable may be encumbered for the payment of municipal bonds issued in aid of the construction of railways and other public undertakings; and except also the rights of trustees, for the amount of any assessment imposed on such immovable for defraying the cost of building or repairing any church, sacristy, parsonage or cemetery, provided that at least eight days before such sale, the chairman of the trustees has lodged with the secretary-treasurer of the county corporation, whose duty it is to make such sale, a statement attested under oath before a justice of the peace, and establishing the amount of such assessment for which the immovable is liable.
In all cases, however, where the immovable in question has been adjudged and sold before the issue of the letters patent from the Crown, such sale merely vests in the purchaser the right of preemption, or other rights already acquired in relation to such immovable.
The adjudication of an immovable to any municipal corporation, having an interest by reason of a privilege on the said immovable, purges the latter from all constituted ground rents, rents contemplated under an emphyteutic lease and rents replacing seigniorial rights, counting from the date of the adjudication and as long as the immovable remains the property of the said municipal corporation. Such rents shall again be an encumbrance upon the immovable, but for the future only, from the date on which the immovable ceases to be the property of the municipal corporation.
M.C. 1916, a. 745; 1938, c. 103, s. 15.
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