E-25 - Act respecting expropriation

Section 150 Disposition versions

2023-12-29

150. The right holder must, within 30 days after service of the notice of establishment of the reserve, send to the person establishing it the leases and any other written agreements entered into with the lessees of the reserved immovable. In the absence of such agreements, the right holder must send, in writing, the names and addresses of the lessees and occupants in good faith of the reserved immovable as well as the nature and term of each lease or agreement, the date they were entered into, the details of what they include and the amount of the rent or the conditions on which the lessees or the occupants in good faith occupy the reserved immovable.

A lessee whose lease is not registered in the land register and an occupant in good faith are entitled to damages in reparation for the injury resulting from failure by the right holder to disclose their name and their address in accordance with the first paragraph to the person who establishes a reserve on the immovable.

The person who acquires a right in the reserved immovable as well as the lessee and the occupant in good faith whose rental or occupation of the immovable begins after service of the notice of establishment of a reserve may not claim any indemnity from the person establishing the reserve on that immovable. The right holder must disclose to that lessee or to that occupant in good faith the existence of the reserve. Any right holder who fails to do so is alone responsible for any injury resulting from that failure.

2023, c. 27, s. 150.

Not in force

In force: 2023-12-29

150. The right holder must, within 30 days after service of the notice of establishment of the reserve, send to the person establishing it the leases and any other written agreements entered into with the lessees of the reserved immovable. In the absence of such agreements, the right holder must send, in writing, the names and addresses of the lessees and occupants in good faith of the reserved immovable as well as the nature and term of each lease or agreement, the date they were entered into, the details of what they include and the amount of the rent or the conditions on which the lessees or the occupants in good faith occupy the reserved immovable.

A lessee whose lease is not registered in the land register and an occupant in good faith are entitled to damages in reparation for the injury resulting from failure by the right holder to disclose their name and their address in accordance with the first paragraph to the person who establishes a reserve on the immovable.

The person who acquires a right in the reserved immovable as well as the lessee and the occupant in good faith whose rental or occupation of the immovable begins after service of the notice of establishment of a reserve may not claim any indemnity from the person establishing the reserve on that immovable. The right holder must disclose to that lessee or to that occupant in good faith the existence of the reserve. Any right holder who fails to do so is alone responsible for any injury resulting from that failure.

2023, c. 27, s. 150.