In Malta, the law of property is based on different sources. A very large part of the law of property is set out in the Civil Code of Malta. However, there are a number of important Acts which we must rely on when dealing with property, all of which help us to better understand and interpret the law of things.
With the rapid increase in blocks of apartments and common developments, the Condominium Act has nowadays gained more relevance than ever. This law resulted as a response to deficiencies and inadequacy which appeared in such situations which the Civil Code did not cater for.
The Consumer Affairs Act is another important piece of legislation which has in time developed to include EU laws amalgamating product liability and product safety with consumer rights.
Rights on immovable property are mainly regulated by the Public Registry Act and the Land Registry Act. Their importance is emphasized by the fact that no transfer of immovable property is valid unless and until it is registered in the Public Registry in terms of Chapter 56, and where applicable in the Land Registry in terms of chapter 298. The concept of beneficial ownership is on the other hand regulated by the Trust and Trustees Act.
Since 2004, European Legislation has become one of the primary sources of the law of property, with regulations and directives enacted by the EU institutions being applicable and enforceable in Malta as an EU member state. Local jurisprudence and the writings and the doctrine of civil law writers have nonetheless always had a strong bearing when dealing with property law in Malta.
The law of property touches on various sensitive areas. Issues related to ownership, co-ownership, emphyteusis (cens), rent, servitudes or expropriation, among others, are unfortunately timeless and ones which any individual can run into on a daily basis. While most of these issues can be dealt with out of Court, sometimes resorting to civil Court proceedings is inevitable. With one of the main “restrictions” from a successful action being the notion of prescription, it is of utmost importance that one seeks professional legal advice immediately.
