Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

C-25 - Code of Civil Procedure

Section 805
Disposition versions

Full text
805. A person who, in accordance with the rules of the Book on Prescription of the Civil Code, has possessed an immovable as owner may acquire the ownership of that immovable by applying to the court of the district in which it is situated.
The application is accompanied with
(1)  a recent statement, certified by the registrar, of the rights registered in the land register in respect of the immovable;
(2)  a copy of or abstract from the cadastral plan of the immovable; in the case of a part of lot or of an immovable that it not immatriculated, a technical description accompanied with the relevant plan drawn up by a land surveyor is sufficient;
(3)  a location certificate, if a construction has been erected on the immovable.
1965 (1st sess.), c. 80, a. 805; 1992, c. 57, s. 367; 2002, c. 7, s. 117.
805. A person who, in accordance with the rules of the Book on Prescription of the Civil Code of Québec, has possessed an immovable as owner may acquire the ownership of that immovable by applying, by motion, to the court of the district in which it is situated.
The application is accompanied with
(1)  a recent statement, certified by the registrar, of the rights registered in the land register in respect of the immovable;
(2)  a copy of or abstract from the cadastral plan of the immovable; in the case of a part of lot or of an immovable that it not immatriculated, a technical description accompanied with the relevant plan drawn up by a land surveyor is sufficient;
(3)  a location certificate, if a construction has been erected on the immovable.
1965 (1st sess.), c. 80, a. 805; 1992, c. 57, s. 367.
805. When a registration has been made illegally, irregularly or on the faith of a void title, or when the registered right has been annulled, rescinded or extinguished by prescription or otherwise, a judge of the district in which the immoveable is situated may, on motion, order that it be cancelled.
The motion must be served in the manner prescribed by the judge, unless he dispenses with service, and it may be contested in accordance with the ordinary rules. The judge may require such proof as he considers necessary.
1965 (1st sess.), c. 80, a. 805.
© Gouvernement du Québec