E-25 - Act respecting expropriation

Section 113 Disposition versions

2023-12-29

113. The decision referred to in section 112 is filed by the expropriating party with the Land Registrar for registration in the land register. The decision must be accompanied by a sworn statement from the expropriating party, made at least 30 days after the date of the decision, in which it is stated that the decision cannot be appealed, that the decision has been confirmed on appeal or that, as applicable, the time limits to make an application for leave to appeal having expired, the decision was not the subject of an appeal or of an application for review or revocation.

The expropriated party becomes the holder of the right referred to in paragraph 2 of section 112 on the date of the registration. Where applicable, the prior claims, hypothecs and charges against the expropriated immovable are carried over by the Land Registrar to the immovable transferred to the expropriated party. This carrying-over of those prior claims, hypothecs and charges preserves their opposability at their initial rank. The Land Registrar must also cancel the prior claims, hypothecs and charges registered against the expropriated immovable and that were carried over.

The expropriating party notifies to the expropriated party, without delay, the certified statement of the registration in the land register.

The carrying-over provided for in the second paragraph may not constitute a failure by the debtor as regards the debtor’s privileged and secured creditors.

2023, c. 27, s. 113.

Not in force

In force: 2023-12-29

113. The decision referred to in section 112 is filed by the expropriating party with the Land Registrar for registration in the land register. The decision must be accompanied by a sworn statement from the expropriating party, made at least 30 days after the date of the decision, in which it is stated that the decision cannot be appealed, that the decision has been confirmed on appeal or that, as applicable, the time limits to make an application for leave to appeal having expired, the decision was not the subject of an appeal or of an application for review or revocation.

The expropriated party becomes the holder of the right referred to in paragraph 2 of section 112 on the date of the registration. Where applicable, the prior claims, hypothecs and charges against the expropriated immovable are carried over by the Land Registrar to the immovable transferred to the expropriated party. This carrying-over of those prior claims, hypothecs and charges preserves their opposability at their initial rank. The Land Registrar must also cancel the prior claims, hypothecs and charges registered against the expropriated immovable and that were carried over.

The expropriating party notifies to the expropriated party, without delay, the certified statement of the registration in the land register.

The carrying-over provided for in the second paragraph may not constitute a failure by the debtor as regards the debtor’s privileged and secured creditors.

2023, c. 27, s. 113.