Waiving of the right to legal hypothecs

July 2011

Waiving of the right to legal hypothecs

bouton-vers-francaisFrançois Marchand
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514 878-3228

Julie Sauriol

 

Construction-Sauriol-Renonciation-ENThe construction legal hypothec is a privilege granted by the Civil Code to persons having participated in the construction or renovation of a property. This hypothec originates with the signing of a contract, without having to publish it, and is preserved by its registration in the land register within 30 days of the completion of work. At the signing of the contract however, the owner sometimes will require the contractor, supplier or sub-contractor to waive this legal hypothec. Is the waiving of this right permitted by law? If the contractor does indeed waive his right, how can he otherwise protect his claim? (Available in French only)

This bulletin provides general comments on recent developments in the law. It does not constitute and should not be viewed as legal advice. No legal action should be taken on the basis of the information contained herein.

 

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