How to cancel the legal hypothec of the syndicate? | ScriptaLegal
Personal Law Business Law Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Frequently asked questions > Real estate > Pre-purchase steps > How the legal hypothec of the syndicate of co-owners is cancelled?

How the legal hypothec of the syndicate of co-owners is cancelled?

The legal hypothec of the syndicate of co-owners is, generally, published against the fraction of divided co-ownership following non-payment by a co-owner of his common expenses or of a notice of special contribution for major works required by the condition of the building.

It may be cancelled by publication of a cancellation by the beneficiary of the right, that is to say the syndicate of co-owners.

The registration of the legal hypothec of the syndicate of co-owners on the fraction of divided co-ownership can also be cancelled, on the application of any interested person, upon the expiry of three years after its date, unless this legal hypothec has been followed by a lawsuit previously instituted and published.

If a lawsuit has been instituted and published, the cancellation will be obtained by registering the judgment dismissing the lawsuit or ordering the cancellation, or by filing a certificate of the clerk of the court attesting that the lawsuit has been discontinued.

This browser does not support this kind of file. Please download the file to view it: Download the file