_ COMPANY (PLAINTIFF)..........*.*.*
*May 26, 27. *June 14. AND
L'IMMEUBLE
LANDRY,
LIMITREESPODENT vA '
RESPONDENT. V,4+ (DEFENDANT).........................
t3( 1C. 73 ON APPEAL FROM THE COURT OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC
The pipes, poles, wires and transformers included in an electric lighting system erected in, and on, the public streets of a municipality are immovables. (Bilair v. Ste. Rose, 63 Can. S.C.R. 526 and Montreal L.H. & P. Cons. v. City of Westmount, [19261 S.C.R. 515, foll.); and the registration upon them of a memorial (bordereau) to preserve a vendor's lien is not illegal nor void.
They do not cease to be immovables because these pipes, poles, wires and transformers have been sold separately from the generators in and on the property of the vendor for the purpose of being connected with other generators belonging to the buyer.
The express stipulation of a vendor's privilege on some of the equipment and machinery sold does not result in the exclusion of the other things sold from the purview of the privilege prescribed by the code.- A vendor's lien is created by law (Arts. 1983, 2009, 2014 C.C.) and it is not essential to reserve it in the conveyance.
The vendor can waive it, but his intention to do so must expressly appear from the deed of sale.
A vendor's lien resulting from the sale of an electric lighting plant can be registered by indicating in the memorial (bordereau) the cadastral numbers of the lots upon which the poles, etc., are erected, although the land itself is not hypothecated or cannot be hypothecated, as for instance in this case where these lots are public streets.-Nothing in the Civil Code definition of a lien (Art. 1983 C.C.) or of a hypothec (Art. 2016 C.C.) is opposed to its affecting only a structure independently from the soil on which it stands; and it does not matter that the soil is municipal land and, as such, inalienable.
APPEAL from the decision of the Court of King's Bench, appeal side, province of Quebec, affirming the judgment of the Superior Court, Letellier J. and dismissing the appellant's action.
*PRESENT:-Anglin C.J.C. and Idington, Mignault, Newcombe and Rinfret JJ.