CCQ-1991 - Civil Code of Québec

Section 3061 Disposition versions

2021-11-08

3061. The registration of the legal hypothec of persons having participated in the construction or renovation of an immovable is cancelled, on the application of any interested person, where, within six months after the later of the date of registration and the date of completion of the work, no action has been brought and published or no prior notice of the exercise of a hypothecary right has been published; the application must state the reasons for the cancellation and be presented with proof that it was served upon the creditors at least 10 days before its presentation to the Land Registrar.

The registration of the legal hypothec of a syndicate of co-owners on a fraction of the co-ownership is cancelled, on the application of any interested person, upon the expiry of three years after its date, unless an action has previously been brought and published.

However, where an action has been brought and published, cancellation is obtained by registering the judgment dismissing the action or ordering the cancellation, or by filing a certificate of the clerk of the court attesting that the action has been discontinued.

1991, c. 64, a. 3061; 2000, c. 42, s. 80; I.N. 2014-05-01; 2020, c. 17, s. 27.

2014-05-01

3061. The registration of the legal hypothec of persons having participated in the construction or renovation of an immovable is cancelled, on the application of any interested person, where, within six months after the later of the date of registration and the date of completion of the work, no action has been brought and published or no prior notice of the exercise of a hypothecary right has been published; the application must state the reasons for the cancellation and be presented with proof that it was served upon the creditors at least 10 days before its presentation to the registrar.

The registration of the legal hypothec of a syndicate of co-owners on a fraction of the co-ownership is cancelled, on the application of any interested person, upon the expiry of three years after its date, unless an action has previously been brought and published.

However, where an action has been brought and published, cancellation is obtained by registering the judgment dismissing the action or ordering the cancellation, or by filing a certificate of the clerk of the court attesting that the action has been discontinued.

1991, c. 64, a. 3061; 2000, c. 42, s. 80; I.N. 2014-05-01.

2000-12-05

3061. The registration of the legal hypothec of persons having participated in the construction or renovation of an immovable is cancelled, on the application of any interested person, where, within six months after the later of the date of registration and the date of completion of the work, no action has been brought and published or no prior notice of the exercise of a hypothecary right has been published; the application must state the reasons for the cancellation and be presented with proof that it was served upon the creditors not less than 10 days before its presentation to the registrar.

The registration of the legal hypothec of a syndicate of co-owners on a fraction of the co-ownership is cancelled, on the application of any interested person, upon the expiry of three years after its date, unless an action has previously been brought and published.

However, where an action has been brought and published, cancellation is obtained by registering the judgment dismissing the action or ordering the cancellation, or by filing a certificate of the clerk of the court attesting that the action has been discontinued.

1991, c. 64, a. 3061; 2000, c. 42, s. 80.

1994-01-01

3061. The registration of the legal hypothec of persons having participated in the construction or renovation of an immovable is cancelled, on the application of any interested person, where, within six months after the date of registration, no action has been brought and published or no prior notice of the exercise of a hypothecary right has been published.

The registration of the legal hypothec of a syndicate of co-owners on a fraction of the co-ownership is cancelled, on the application of any interested person, upon the expiry of three years after its date, unless an action has previously been brought and published.

However, where an action has been brought and published, cancellation is obtained by registering the judgment dismissing the action or ordering the cancellation, or by filing a certificate of the clerk of the court attesting that the action has been discontinued.

1991, c. 64, a. 3061.