This article has multiple issues. Act lease of a dwelling quebec pdf other rights and remedies for rent, where the right of hypothec had ceased, were given to the landlord.
Under Scots law, Landlord’s hypothec is a common law right of security enjoyed by landlords over any goods sited on the leased premises, regardless of who owns those goods. The hypothec does not secure all sums which happen to be due to the landlord, only a portion of the rent. Landlord’s hypothec is enforced by court proceedings known as sequestration for rent. Sequestration for rent can now be used to sell only goods that are secured by a right known as the landlord’s hypothec, which arises automatically whenever there is a qualifying lease. The Act makes some changes to the hypothec, even though it is not a diligence. A hypothec is a real right on movable or immovable property made liable for the performance of an obligation.
It confers on the creditor the right to follow the property into whomsoever’s hands it may come, to take possession of it, to take it in payment, to sell it or to cause it to be sold and thus to have a preference upon the proceeds of the sale, according to the rank as determined in this Code. American tax lien, mechanic’s or construction lien, home owner’s association lien, and judgment lien. When attaching to movable property, this security interest most closely matches the hypothec as defined at the head of this article. This page was last edited on 11 June 2017, at 22:23. In Australia, public lands are referred to as Crown land.