C-64 - Constitut or Tenure System Act

Section 12 Disposition versions

1977-12-31

12. If the lessee or holder is obliged to buy the immoveable or agrees to buy it, as the case may be, he must, within sixty days after the date of the Court’s order, if the proprietor or his agent has not then offered to give him a deed of sale, deposit the amount of the price fixed by the order, and the amount of the costs and damages when same are to be borne by him, in the hands of the prothonotary of the Superior Court of the district in which the immoveable is situated, who shall receive any such amount as agent for the Minister of Finance, and shall give him a receipt and a copy thereof certified by his signature.

The lessee or holder shall then have the receipt served upon the proprietor or his agent, as the case may be, by having delivered to him the copy certified by the prothonotary.

The proprietor or his agent shall be bound to effect, within eight days of such service, a deed of sale in favour of the lessee or holder according to the terms of the order by the Court. If he refuses or neglects to do so within this delay, the order of the Court shall take the place of a title, and the registration of a copy of such order together with the prothonotary’s receipt for the sale price and the costs and damages in the case where same must be deposited shall constitute the lessee or holder the proprietor of the immoveable.

R. S. 1964, c. 322, s. 12; 1973, c. 38, s. 128.