Clause prohibant les nuisances sur l'immeuble vendu

494. —Clause obligeant le vendeur à procurer une subdivision cadastrale

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Mr. and Mrs. A... declare that the sum presently paid is the price arising from the sale which they made to Mr....…, by virtue of a deed of sale passed, etc., of a property owned by Mrs. A... as propre.

The property acquired by Mr. and Mrs.

Afa shall therefore be and remain propre to Mrs. A... , as replacing, with her formal consent hereby given, her propre alienated by the above mentioned deed of sale,

The purchaser binds and obliges himself, his heirs and assigns, not to use, or permit others to use the buildings erected or which may hereafter be erected on the property hereby sold, as a tannery, soap or bone factory, boiler works, tavern, liquor saloon, or for any other purposes which may be considered as a nuisance to the proprietors of adjoining lots ; these provisions and restrictions to be and remain unapparent servitudes on the hereby sold property, in favour of the said adjoining lots which actually belong to the vendor.

The purchaser further binds and obliges himself to cause to be made without delay a plan subdividing the hereby sold property into lots, which shall be deposited as the official subdivision plan of said hereby sold property, according to law ; and the vendor binds and obliges himself, his heirs and assigns, immediately upon the deposit and enforcement of said subdivision plan, to discharge all and any streets projected and shown on said plan from any encumbrances and hypothecs existing in his favour either as security for the payment of the price of sale herein stipulated, or for other purposes.

And further the said vendor binds and days from notice to him given in writing, of such deposit of the said subdivision plan, to divide the hypothec herein created in his favour, proportionately, on the different subdivision lots as shown on said plan, and to limit and restrict his said hypothec on each of said subdivision lots to the proportions hereinafter established, to wit : on the lots fronting on... street at the rate of... cents to the square foot, etc... And on payment of an amount representing the proportions above established, the said vendor shall be bound to discharge and finally release from his said hypothec, any of said lots on which such amount shall be paid to him by the purchaser or his heirs or assigns.