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C-25 - Code of Civil Procedure

Section 696
Disposition versions

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696. A sheriff’s sale discharges the immovable from all real rights not mentioned in the conditions of sale except:
(1)  servitudes;
(2)  (paragraph repealed);
(3)  rights of emphyteusis, the rights necessary for the exercise of superficies and rights of substitution not yet open, except when it appears in the record of the case that there exists a prior or preferable claim;
(4)  (paragraph replaced);
(5)  the administrative encumbrance affecting a low-rental housing immovable.
A sheriff’s sale does not affect the legal hypothec securing the rights of municipalities, school boards or the Comité de gestion de la taxe scolaire de l’île de Montréal in respect of instalments not yet due of special taxes, the payment of which is spread over a certain number of years; such instalments do not become due by reason of the sale of the immovable and are not collocated, but remain payable according to the terms of their imposition.
1965 (1st sess.), c. 80, a. 696; 1988, c. 84, s. 554; 1991, c. 62, s. 6; 1992, c. 57, s. 342; 1996, c. 5, s. 42; 1999, c. 40, s. 56; 2002, c. 75, s. 33.
696. A sheriff’s sale discharges the immovable from all real rights not mentioned in the conditions of sale except:
(1)  servitudes;
(2)  (paragraph repealed);
(3)  rights of emphyteusis, the rights necessary for the exercise of superficies and rights of substitution not yet open, except when it appears in the record of the case that there exists a prior or preferable claim;
(4)  (paragraph replaced);
(5)  the administrative encumbrance affecting a low-rental housing immovable.
A sheriff’s sale does not affect the legal hypothec securing the rights of municipalities, school boards or the Conseil scolaire de l’île de Montréal in respect of instalments not yet due of special taxes, the payment of which is spread over a certain number of years; such instalments do not become due by reason of the sale of the immovable and are not collocated, but remain payable according to the terms of their imposition.
1965 (1st sess.), c. 80, a. 696; 1988, c. 84, s. 554; 1991, c. 62, s. 6; 1992, c. 57, s. 342; 1996, c. 5, s. 42; 1999, c. 40, s. 56.
696. A sheriff’s sale discharges the immovable from all real rights not mentioned in the conditions of sale except:
(1)  servitudes;
(2)  (paragraph repealed);
(3)  rights of emphyteusis, the rights necessary for the exercise of superficies, and rights of substitution and of customary dower not yet open, except when it appears in the record of the case that there exists a prior or preferable claim;
(4)  (paragraph replaced);
(5)  the administrative encumbrance affecting a low-rental housing immovable.
A sheriff’s sale does not affect the legal hypothec securing the rights of municipalities, school boards or the Conseil scolaire de l’île de Montréal in respect of instalments not yet due of special taxes, the payment of which is spread over a certain number of years; such instalments do not become due by reason of the sale of the immovable and are not collocated, but remain payable according to the terms of their imposition.
1965 (1st sess.), c. 80, a. 696; 1988, c. 84, s. 554; 1991, c. 62, s. 6; 1992, c. 57, s. 342; 1996, c. 5, s. 42.
696. A sheriff’s sale discharges the immovable from all real rights not mentioned in the conditions of sale except:
(1)  servitudes;
(2)  (paragraph repealed);
(3)  rights of emphyteusis, the rights necessary for the exercise of superficies, and rights of substitution and of customary dower not yet open, except when it appears in the record of the case that there exists a prior or preferable claim;
(4)  (paragraph replaced);
(5)  the administrative encumbrance affecting a low-rental housing immovable.
A sheriff’s sale does not affect the rights of municipalities, school boards or the Conseil scolaire de l’île de Montréal in respect of instalments not yet due of special taxes, the payment of which is spread over a certain number of years; such instalments do not become due by reason of the sale of the immovable and are not collocated, but remain payable according to the terms of their imposition.
1965 (1st sess.), c. 80, a. 696; 1988, c. 84, s. 554; 1991, c. 62, s. 6; 1992, c. 57, s. 342.
696. A sheriff’s sale discharges the immovable from all real rights not mentioned in the conditions of sale except:
(1)  servitudes;
(2)  hypothecs resulting from the commutation of seigniorial rights, except as to arrears accrued before the sale;
(3)  rights of emphyteusis, of substitution and of customary dower not yet open, except when it appears in the record of the case that there exists a prior or preferable claim;
(4)  the privileges for instalments not yet due of special taxes or assessments imposed by municipal corporations, school boards or the Conseil scolaire de l’île de Montréal the payment whereof is spread over a certain number of years, or of assessments and apportionments for the construction or repair of churches, presbyteries and cemeteries, which instalments do not become due by reason of the sale of the immovable and are not collocated, but remain payable according to the terms of their imposition;
(5)  the administrative encumbrance affecting a low-rental housing immovable.
1965 (1st sess.), c. 80, a. 696; 1988, c. 84, s. 554; 1991, c. 62, s. 6.
696. A sheriff’s sale discharges the immoveable from all real rights not mentioned in the conditions of sale except:
(1)  servitudes;
(2)  hypothecs resulting from the commutation of seigniorial rights, except as to arrears accrued before the sale;
(3)  rights of emphyteusis, of substitution and of customary dower not yet open, except when it appears in the record of the case that there exists a prior or preferable claim;
(4)  the privileges for instalments not yet due of special taxes or assessments imposed by municipal corporations, school boards or the Conseil scolaire de l’île de Montréal the payment whereof is spread over a certain number of years, or of assessments and apportionments for the construction or repair of churches, presbyteries and cemeteries, which instalments do not become due by reason of the sale of the immoveable and are not collocated, but remain payable according to the terms of their imposition.
1965 (1st sess.), c. 80, a. 696; 1988, c. 84, s. 554.
696. A sheriff’s sale discharges the immoveable from all real rights not mentioned in the conditions of sale except:
(1)  servitudes;
(2)  hypothecs resulting from the commutation of seigniorial rights, except as to arrears accrued before the sale;
(3)  rights of emphyteusis, of substitution and of customary dower not yet open, except when it appears in the record of the case that there exists a prior or preferable claim;
(4)  the privileges for instalments not yet due of special taxes or assessments imposed by municipal or school corporations the payment whereof is spread over a certain number of years, or of assessments and apportionments for the construction or repair of churches, presbyteries and cemeteries, which instalments do not become due by reason of the sale of the immoveable and are not collocated, but remain payable according to the terms of their imposition.
1965 (1st sess.), c. 80, a. 696.
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