E-25 - Act respecting expropriation

Section 38 Disposition versions

2023-12-29

38. The expropriating party may transfer the expropriated right by causing a notice of transfer of right to be registered in the land register. The expropriating party or, if applicable, the party on whose behalf the expropriating party is carrying out the expropriation becomes, on the vacancy date entered in the notice of transfer of right, the holder of the expropriated right.

Before registering a notice of transfer of right, the expropriating party must serve the notice on the expropriated party and, if applicable, serve on the lessees and occupants in good faith a notice of intention to register a notice of transfer.

To be registered in the land register, the notice of transfer of right must be accompanied by the following:

(1)  the document establishing that the initial provisional indemnity has been paid to the expropriated party or deposited, on the latter’s behalf, in the office of the Superior Court; and

(2)  proof of service of the notice of transfer of right on the expropriated party.

The notice of transfer cannot be registered on a date that is later than the vacancy date. Where the date of presentation of a notice of transfer is later than the vacancy date, the Land Registrar refuses to register it.

Those notices must contain, in particular,

(1)  the information provided for in subparagraphs 1 to 3 and 5 of the first paragraph of section 9;

(2)  the amount of the initial provisional indemnity; and

(3)  the information text established by the Minister.

2023, c. 27, s. 38.

See the Information text established by the Minister of Transport and Sustainable Mobility, see M.O. 2023-31, 2023-12-27, (2023) 155 G.O. 2, 3433A.

Not in force

In force: 2023-12-29

38. The expropriating party may transfer the expropriated right by causing a notice of transfer of right to be registered in the land register. The expropriating party or, if applicable, the party on whose behalf the expropriating party is carrying out the expropriation becomes, on the vacancy date entered in the notice of transfer of right, the holder of the expropriated right.

Before registering a notice of transfer of right, the expropriating party must serve the notice on the expropriated party and, if applicable, serve on the lessees and occupants in good faith a notice of intention to register a notice of transfer.

To be registered in the land register, the notice of transfer of right must be accompanied by the following:

(1)  the document establishing that the initial provisional indemnity has been paid to the expropriated party or deposited, on the latter’s behalf, in the office of the Superior Court; and

(2)  proof of service of the notice of transfer of right on the expropriated party.

The notice of transfer cannot be registered on a date that is later than the vacancy date. Where the date of presentation of a notice of transfer is later than the vacancy date, the Land Registrar refuses to register it.

Those notices must contain, in particular,

(1)  the information provided for in subparagraphs 1 to 3 and 5 of the first paragraph of section 9;

(2)  the amount of the initial provisional indemnity; and

(3)  the information text established by the Minister.

2023, c. 27, s. 38.

See the Information text established by the Minister of Transport and Sustainable Mobility, see M.O. 2023-31, 2023-12-27, (2023) 155 G.O. 2, 3433A.