M-36 - Act to promote the development of agricultural operations

Section 21.2 Disposition versions

1979-03-15

21.2. Every owner of an immoveable in respect of which a grant is made, is subject, for ten years from the making of such a grant, to the obligation mentioned in section 21.1. To avail against persons other than the person to whom the grant has been made, the said obligation must be set out in a declaration mentioning each immoveable to which it applies and the name of its owner. Such an immoveable is described by its cadastral number, if any mentioning, in the case of an immoveable comprising only a part of a lot, that it is a part of the cadastral number concerned, without the obligation of further describing the parts of the lot, notwithstanding article 2168 of the Civil Code. Where there is no cadastral number for that immoveable, it must be designated by indicating the seignory or township in which it is situated, the range, if such is the case, the metes and bounds and the name of the person to whom it belongs.

The declaration contemplated in the first paragraph is made unilaterally by the Bureau and it constitutes proof primafacie of the existence of the obligation mentioned in section 21.1. It must be registered by deposit in the registry office of the registration division where the immoveable in respect of which the grant has been made is situated and mention of the registration must be entered in the index of immoveables.

The total or partial cancellation of the registration of the declaration contemplated in the first paragraph is made by an application to that effect by the Bureau. The original of that application, when made by notarial deed enbrevet or by a private writing, or an authentic copy of such an application, when it is made in the notarial form enminute, must be kept in the registry office to form part of its records.

1978, c. 43, s. 10.