ROYAL COURT OF
Guide for the cancellation of Judicial Hypothecs under
Article 16 of the Loi (1880) sur la propriété foncière
response to the corona virus pandemic and social distancing requirements, where
an appointment to cancel judicial hypothecs is required before the Judicial
Greffier (which shall include the Registrar of Deeds) the following approach
will be taken.
will be made with the Registrar of Deeds for the judicial hypothecs to be
signed by the creditor [or his lawyer] over an audio-visual link in the
presence of the Registrar.
the appointment, the creditor [or his lawyer] must identify himself to the
satisfaction of the Greffier and allow the Greffier to view him signing each of
the judicial hypothecs being produced for cancellation.
the signing has been completed, the creditor [or his lawyer] shall send to the
Greffier the original signed judicial hypothecs together with a covering letter
identifying each of those hypothecs to be cancelled.
original judicial hypothec cannot be produced, an affidavit will still need to
be filed, stating the cause and deposing that such judicial hypothec has not
been transferred to any third party.
Greffier is satisfied, on receipt of signed judicial hypothecs and covering
letter the Registrar shall effect such cancelling.
judicial hypothecs have been cancelled and the Public Registry duly updated, the
original documents will be returned to the creditor.
Practice Direction will come into force with immediate effect and shall remain
in force until notice is given by the Royal Court of its cessation.
29th April 2020