C-25 - Code of Civil Procedure

Section 704 Disposition versions

2001-10-09

704. The statement mentions the hypothecs or charges subsisting in the land register in respect of the immovable.

In addition to the particulars prescribed by article 3019 of the Civil Code and by the regulations under the Civil Code, the certified statement contains, for each entry, the name and address of the creditor.

The statement must not go beyond the date of a previous sale having the effect of a sheriff’s sale or forced sale, except as to charges which have not been discharged thereby; and it must not mention the charges which, according to the land register, are extinguished or wholly discharged.

If the immovable is not affected by any hypothec or charge, the statement must attest that fact.

1965 (1st sess.), c. 80, a. 704; 1992, c. 57, s. 345; 2000, c. 42, s. 131.

1994-01-01

704. The statement mentions the real rights registered in the land register in respect of the immovable.

The certified statement contains, for each entry,

(a)  the date of the act evidencing the entry, the date of registration or renewal of the entry and the name and residence of the creditor;

(b)  a description of the charged immovable;

(c)  the amount of the claim and the reductions of registration that have been published.

The statement must not go beyond the date of carry-over of the rights appearing on the land file or beyond the date of a previous sale having the effect of a sheriff’s sale or forced sale, except as to charges which have not been discharged thereby; and it must not mention the charges which, according to the land register, are extinguished or wholly discharged.

If the immovable is not affected by any hypothec or charge, the statement must attest that fact.

1965 (1st sess.), c. 80, a. 704; 1992, c. 57, s. 345.

1977-12-31

704. The certificate must contain all privileges, hypothecs or other charges registered against the property from the coming into force of the plan and book of reference on which the property is shown.

But if the plan and book of reference came into force less than ten years before the sale, or if they are not yet in force, the certificate must also mention the privileges, hypothecs and other charges registered against the persons who, during the ten years previous to the sale, were owners of the immoveable; and the charges of which the registration has been renewed during that period.

It must also contain for each charge:

(a)  the date of the deed creating it, the date of its registration or of the renewal of such registration, and the names, occupation and residence of the creditor and of the notary officiating;

(b)  the description of the immoveable affected; and

(c)  the payments registered and the balance of the debt in principal and interest.

The certificate must not go beyond the date of a previous sale having the effect of a sheriff’s sale, or of a judgment of confirmation of title or of a forced licitation, except as to charges which have not been discharged thereby; and it must not mention charges which appear by the registers to be extinguished or wholly discharged.

If the immoveable is not subject to any charge the certificate must so state.

1965 (1st sess.), c. 80, a. 704.