In order to be able to take advantage of a legal hypothec, if necessary, in favour of the persons who participated in the construction or renovation of a building, it is important to ensure that the contract has been validly concluded with the registered owner of the building.

If it is not the case and the contract has been signed with a third party, whether a general contractor or others, the Law expressly provides that the effect of the legal hypothec is limited to the work or services that follow the written denunciation of the contract to the owner.

It is therefore prudent, before undertaking the work, to identify the true owner and send him or her a written notice so that the rights are reserved.

The legal hypothec is at the heart of many disputes in real estate law and it is essential that the formalism of the Law be respected since this particular regime is of restrictive interpretation.

For more information, do not hesitate to consult us.

Vanessa Low-Ken
Legal technician
Charland Avocat Inc.
Centropolis Laval
500-3055, boul. Saint-Martin Ouest
Laval (Québec) H7T 0J3
Phone: (450) 934-8700
Fax: (450) 934-8748