C-25.01 - Code of Civil Procedure

Section 759 Disposition versions

2016-01-01

759. The sale discharges all real rights not included in the terms of sale. It does not discharge

(1)  servitudes;

(2)  emphyteusis, the rights needed to exercise superficies, and substitutions not yet open, except when a prior or preferred claim is mentioned in the court record; or

(3)  the administrative encumbrance affecting a low-rental housing complex.

The sale does not terminate leases in progress that are registered in the register of personal and movable real rights or the land register.

Nor does the sale affect the legal hypothec securing the rights of legal persons established in the public interest in respect of special municipal or school taxes that are not yet due and the payment of which is spread over a number of years; such taxes do not become due by reason of the sale of the immovable and are not collocated, but remain payable in accordance with the terms of their imposition.

2014, c. 1, a. 759.