ATT Nru. XXXV ta' 1·1981 ACT No. XXXV of 1981 ATT maħruġ AN ACT enacte-d by the Parliament b'liġi (interpretation)

A

Suppliment tal-Gaz.::.efta tal-Gvern ta' Malta Nru. 13,872, 7 ta' Awissu, 1981

Taqsima A

MALTA

ATT Nru. XXXV ta' 1·1981

ACT No. XXXV of 1981

ATT maħruġ

AN ACT enacte-d by the Parliament

b'liġi

mill-Parlalr.ent

ta' Malta.

of Malta.

A TT biex iwaqqaf Reġistru ta' l-Arti­

AN ACT to establish a Land Registry

jiet biex jirregola u jirreġistra t-titolu

to regulate the registration. of titles

għal 'art, u biex jipprovdi għal

to land, and to make provision for

ħwejjeġ li huma inċidentali għal dan

matters incidental thereto and con­

u konnessi miegħu.

nected therewith.

A

ATT TA' L·1981 DWAR IR·REĠISTRAZZJONI TA' ARTIJIET

Arranġamen t ta' I·Artikoli

TAQSIMA I

Preliminari

Artikolu

Titolu fil-qosor u bidu fis-seħħ.

"charge" means a special privilege over immovables and a

special hypothec, inc1uding a special hypothec derived from a gene­

ral hypothec whether legal, judicial or conventional;

"land" inc1udes building and any other construction or works;

"land situated in a registration area" includes land to which

this Act applies as if it were 80 situated;

"Land Registrar" means the public officer in charge of the

Land Registry in accordance with section 4 of this Act;

"Minister" means the Minister responsible for lands;

"overriding interests" means the interests described as such in

section 41 of this Act;

"prescribed" means prescribed by rules under this Act;

"register" means the register of title to land kept under this

Act, and "registered" shall be construed accordingly;

"registrar" means the Land Registrar and any assistant regis­

trar or other officer of the Land Registry authorized in that behalf

by the Land Registrar;

"registration area" means any area in Malta declared by the

Minster to be a registration area under section 10 of this Act;

"transfer", when used in re1ation to a charge, includes the sub­

rogation in the right of the proprjetor of the charge.

PART 11

ADMINISTRATIVE PROVISIONS

-

(l) There shall be an office in Malta to be called the Land

Registry for the purposes of registration of titles to land.

(2) The Land Registry shall consist of two branches, one in

the island of Malta where the tit1es to land in that is1and shall be regis­

tered, and the other in Gozo where the titles to land in Gozo and Comino

shall be registered.

( 1) The business of the registry shall be conducted by a pub­

lic officer who shall be appointed for that purpose and sha11 be known

as the Land Registrar, with such officers (namely, assistant registrars,

clerks and other emp10yees) as may from time to time be deemed to be

required.

(2) A person sha11 not be qualified to be appointed assistant

registrar unless he is an advocate or a notary public or a 1egal procurator

of not less than five years' standing.

(3) During any vacancy in the office of the Land Registrar

all the functions, powers and authorities by this Act or by any other law

assigned to Of conferred on the Land Registrar shall be exercised by an

assistant registrar designated by the Minister to act as Land Registrar

and all acts done by an assistant registrar so designated sha11 have the

same effect in all respects as if they had been done by the Land

Registrar.

(1) Subject to the provisions of this Act, the Land Registrar

Conduct of

business of

shall conduct the whole business of registration under this Act and shall

registration.

frame and cause to be printed, or otherwise reproduced and circulated

or otherwise promulgated, such forms and directions as he may deem re­

quisite or expedient for faci1itating proceedings under this Act.

(2) The Land Registrar may delegate to any assistant regis­

trar all or any of his functions, powers or authorities assigned to or con­

ferred on him by this Act or any other law, and may at any time revoke

or vary such delegation

Provided that no such de1egation shall be deemed to divest the

Land Registrar of any of his functions, powers of authorities and he

may, if he thinks fit, exercise such functions, powers or authorities col-

1aterally with the assistant registraT so de1egated.

(1) The registrar may administer an oath or take a sworn

Power of

registrars to

dec1aration in pursuance of this Act for any of the purposes of this Act

and may a1so, by summons under his signature require the attendance

witnesses and

of all such persons as he may think proper in re1ation to the registration

production of

of any tit1e; he may a1so, by like summons, require any person having

maps etc.

the possession or custody of any map, survey, book or other document

relating to land to produce such map, survey, book or other document

for his inspection;, and he may examine upon oath any person appearing

before him and administer an oath according1y.

(2) If any person, after the de1ivery to him of such summons

as aforesaid, or of a copy thereof, wilfully neglects or refuses to attend in

pursuance of such summoos. or to produce such maps, surveys, books

or other documents as he may be required to produce under the provi­

sions of this Act, or to :.lnswer u poo oath or otherwise sl1ch que s tions

<.ts may be lawfully put to him by :.l registrar under the powers of this

Act, he shaH be liable on conviction by the Court of M agistr a tes 01'

Judicia l Poliee to a fine (mul/a) not exeeeding ooe hundred pounds.

Notwithstanding the provisions of any Jaw enjoining seereey, a

government department may furnish to the Land Registrar on his

request such particulars and information in regard to land and eharges

as he is by law entitled to require owners of property to furnish to him

direct.

The Land R egistrar shaH not, nar shaH an assistant

(l)

registrar nar any person ac ting under lhe authority of the Land Regis

­

trar or an assistant registrar, orunder any order or general rule made

in pursuance of this Aet, be liable in damages or otherwise, to an.y

action or proceeding for or in respect of any act or matter done or

omitted to be done in good faith and with ordinary diJigence in the

exercise or supposed exereise of the powers of this Aet, or any order or

general rule made in pursuance of this Act

.

The Government shaH not be Jiable, in damages or other­

(2)

wise, for anything done or omilted to be done under this Act; without

prejudice to the provisions of this Act reluting to indemnity payable

thereunder.

There sha11 be a seal of the land registry and any doeuments

purporting to be sea!ed with that seal shal1 be admis s ible in evidenee

and, unless the contrary is shown, shall be deemed, without furthe r

evideoce, to be issued by or under the direction of the Land Registrar.

PART 111

REGfSTRATfON OF LAND

-

Compulsory Registration

The Minister shall. from time to time, by order in the Gazette,

declare areas in Malta to be registration areas, and shaH define sueh

areas by reference to a map included in the order and in slleh other

manner ::ts he may deem appropria te

.

The provisions of sectiol1 1039 of the Civil Code and of sec­

tion 237 of the 'Code of Organization and Civil P rocedllre, as well as

any other provision of those Codes Of of any other law which is ineon­

sistent with this Act, shall cease to be operative in respect of land

situated in any registration area, and in respect of land that has been

registered.

In any registration area ---

(l)

(a) every eontracL eonveying the ownership or immovable

property, or any real righ t over such property, or whereby any aet

having the effect of conveying the ownership of immovable pro­

perty, or any real right over such property, is dissolved reseinded

,

or revoked, and every contraet creating or varying any sueh right

01' whereby any such right is converted ioto any other of s uch rights

or is waived, and every contract whereby immovable property is

partitioned, and every contract having a declaratory effect as to

the ownership of, of any real right over immovable property, and

every contract of <tntichresis; and

(b) every judgement whereby any act having the effect of

conveying the ownership of immovable property, or any real right

over such properly, is dissolved, rescinded or revoked, or which

c1irectly adjudges the transfer of the ownership of immovable

property or of any real right over such property, or which has the

effect of creating a hypothec, and every hypothec arising by

operation of law; and

(c) every eonveyance of immovable property by judicial sale;

in so far as the land eomprised in the eontraet, judgement or judicial

sale or affected by the hypothec, is situated within a registration area,

shall, in no case, commence to be operative, with regard to third parties,

until and unless the title to the land conveyed or affected, whether

beneficia lly or adversely, by any contract, judgement, judicial sale or

hypothec as aforesaid, is registered in the name of the person entitled

thereto and an appropriate entry is made in the register of the manner

(if any) in which such land is affected.

(2) The registrar may. in his discretion, likewise register the

title to land situated outside a registration area and comprised in any

contract, judgement or judicial sale as aforesaid 01' affected by any such

hypothec as aforesaid and in any such case he shall make such entries

in the register as are appropriate; and where land is so registered this

Act shall apply thereto as if it were situated in a registration area.

(l) A notary public receiving any of the contracts referred

Duties of

to in paragraph (a) of subsection (1) of section 12 of this Act, and to

notaries public

receiving acts

which that section applies, shall within eigħteen working days from the

affecting land

date of the deed, apply in the manner prescribed, for the registration of

in registration

the title to the land affected and for the appropriate entries to be made

areas.

in the register.

(2) If a notary public fails to comply with the requirements

of this section, he shall, in addition to his liability for any damage that

may have been sustained in consequence of his default, be liable, on

conviction by the Court of Revision of Notarial Acts, to a fine

(ammenda) not exceeding twenty pounds

Provided that a notary public shall be deemed to have com-

plied with the requirements of this section if, in the meantime, an appli-

cation for registration as aforesaid shall have been filed in the registry

by any party interested or by an advocate or legal procurator on behalf

of any sHeh party.

(3) Where under section 12 of this Act the tit1e to land is to

be registered and any entries in the register are to be made following a

judgement or a judicial sa le or a hypothec created by operation of law,

application therefor may be made. in the manner prescribed. by any

party interested or by an advocate, or a notary public or a legal procu-

ra tor, on behalf of any such party

Provided that no such application shall be entertained until it

is certified by the Registrar of the Superior Courts that the judgement

has become res ;udicafa or that the adjudication is final.

(l) On the opening of successi on of any person, the title to

land cOD;lprised in the transmission and situated in any registration area,

shall be registered in the name of the persons in whose favour such land

may have passed, on an application made in the prescribed manner, and

any disposa1 or partition of such land or any dealing therewith shall be

void until and unless the tit1e thereto has been so registered.

(2) The registrar may in his discretion, extend the provisions

of subsection (l) of this section to any land situated outside the afore­

said registration area and comprised in a transmission which includes

land situated in the aforesaid registration area; and where that sub­

section is so extended the registrar shall register such land and this Act

shall apply thereto as if it were situated in a registration area.

Voluntary Registration

( l ) Subject to such conditions and procedures as may be

prescribed and without prejudice to the provisions of subsection (2) of

section 12 and of subsection (2) of section 14 of this Act, the registrar

may, in his discretion, and either on his own initiative or on an applica­

tion in that behalf, regisier the title to any land, whether such land is or

is not a registration area; and in any such case he shall make such

entries as may be appropriate.

(2)

Where land is registen�d by virtue of this section, this Act

shall apply thereto as if it were situated in a registration area.

Preliminaries to Registration

The examination by the registrar of any tit1e under this Act

shall be conducted in the manner prescribed

Provided that -

(a) due notice shall be given, where the giving of such notice

is prescribed, and sufficient opportunity shall be afforded to any

persons desirous of objecting to state their objections to the regis­

trar; and

(b) the registrar shall have jurisdiction to hear and determine

any such objections subject to an appeal to the court in the pres­

cribed manner on the prescribed conditions; and

(c) if the registrar, upon the examination of any title, is of

the opinion that the title is open to objection, but is nevertheless a

title the holding under which will not be disturbed, he may approve

of such tit1e, or may require the app1icant to apply to the ċourt,

upon a statement signed by the registrar, for its sanction to the

registration.

Before the completion of the registration of any title to land

i� respect of which an examination is required, the applicant for registra­

tIOn and his legal advisor shall each, if required by the registrar, make

a sworn declaration that, to the best of his knowledge and belief all

deeds, wills and other documents and all charges a il: d incumbra � ces

affecting the title which is the subject of the application, and all facts

matenal to such title, have been disc10sed in the course of the investiga­

tion of. title made by the registrar, and he may further be required by

th e reglstrar to state what means he has had of becoming acquainted

.

wIth the several matters referred to in this section; and if the registrar is

of opinion that any further or other evidence is necessary or desirable,

he may refuse to complete the registration until such further or other

evidence is produced.

All c08ts, charges and expense.s that are incurred by any

(1)

Taxing of

costs of

party in or about any proceedings for registration shall, be taxed by the

registration.

registrar who shall also, in his discretion, unless the parties agree other­

wise, detennine by order in wliting the persons by whom and th� pro­

portions in Y\'hich such costs, charges and expenses are to be paid, re­

gard being had to the following provision, namely, that any app1icant

under this Act is liable prima facie to pay all costs, charges and ex­

penses incurred by or in consequence of his application, except -

(a)

in a case where parties object whose rights are sufficiently

secured without their appearance; and

where any costs, charges, or expenses are incurred unne­

(b)

cessarily or improper1y.

(2) Any order made by the registrar under this section shall

have the same effect as if the C08ts, charges or expenses had been taxed

by the Registrar of the Superior Courts and shall likewise be subject to

revision by the court.

Effects of Registration

Land may be registered with an absolute title or with a

How land

possessory title

may be

registered.

Provided that -

(i) where an absolute title is required the applicant shall not

be registered as proprietor until and unless the title is approved by

the registrar;

(ii)

where a possessory title is required the applicant may be

registered as proprietor on giving such evidence of title and

serving such notices. if any, as may for the time being be pre­

scribed;

(iii)

ii, on an application for registration with possessory

title, the registrar is satisfied as to the title of the applicant, he may

register it as absolute, whether the applicant consents to such regis­

tration or not.

The registration of any person as proprietor of land with an

Effects of

absolute title shall confer on the person so registered an indefeasible

with absolute

title thereto, that is to say a title not liable to be defeated except as

title.

provided in this Act, together with all rights, privileges and appurten­

ances belonging or appurtenant to the land, subject to the following

fights and interests, that is to say -

(a)

subject to the incumbrances and other interests, if any,

appearing on the register; and

(b)

unless the contrary is expressed on the register, subject

to such overriding interests, if any, as affect the registered land;

and

(c) with regard to land held on emphyteusis, subject to all

implied and express covenants, obligations and liabilities incident

to the registered land;

but free from all other rights and interests whatsoever.

The registration of any person as proprietor of 1and with a

Effects of

registration

possessory title only shall not affect or prejudice the enforcement of any

with possessory

rights or interest adverse to or in derogation of the title of the first

registNed proprietor and subsisting Of capable of arising at the time of

the first registration of the land; but, save as aforesaid, shall have the

same effect as registration with an absolute tit1e.

( l) Where an absolute title is required, and on the examina­

tion of the title it appears to the registrar that the title can be established

only for a limited period, 01' is subject to a condition or to certain

reservations, the registrar may, by an entry made in the register, except

from the effect of registration any right or interest arising before a

specified date or under a specified instrument or otherwise particular1y

described in the register; and a title registered subject to such excepted

right or interest shall be called a qualified title.

(2) The registration of a person as proprietor of land with a

qualified title shall have the same effect as the registration of such

person with an absolute title save that registration with a qualified title

shall not affect or prejudice the enforcement of any right or interest

appearing by the register to be excepted.

The following persons only may he registered as proprietors

of land, that is to say -

(a) the owner, the dominus, the emphyteuta, the bare-owner,

the usufructuary;

(b) the person in whom the absolute possession of the pro­

perty of an absentee and the absolute exercise of the rights depend­

ing upon his death have been granted by a judgement or order of

the court; and

(c) the competent authority holding land in use and posses­

sion or on public tenure, or any assignee of such rights, and the

person entitled to the acquisition rent or the recognition rent

Provided that the holder of a legal usufruct may not be regis­

tered as proprietor, but may have his interest protected on the register.

PART IV

DEALINGS WITH REGISTERED LAND

-

Dispositions of Land

(1) The proprietor may, subject to any entry in the register

to the contrary, transfer the registered land or any part thereof in the

same manner and to the same extent as if the land had not been regis­

tered.

(2) The transfer of registered rights over the land 01' part

thereof shall be completed by the registrar entering on the register the

transferee as the proprietor of the rights transferred or on application

made in the prescribed manner; but until such entry is made the trans­

feror shall remain the proprietor of the registered rights; and, where part

only of the land is transferred. notice thereof shall also be noted on the

register. or an application made as aforesaid.

(3) All interests transferred or created by dispositions by the

proprietor, other than a transfer of the registered rights over the land,

or part thereof. shall. subject to the provisions relating to charges. be

completed by registration in the same manner and with the same effect

as provided by this Act with respect to transfers of registered rights and

notice thereof shall also be noted on the register

Provided that nothing in this subsection shall authorise the

registration of a lease or shall render necessary the registration of any

easement except as appurtenant to registered land, or the entry of notice

thereof except as against the registered title of the servient land.

(1) A disposition of land registered with an absolute title, or

of any right thereon in respect of which the holder may be registered as

proprietor, shall, when registered, confer on the person in whose favour

the disposition is made an indefeasible title thereto, that is to say a title

not liable to be defeated except as provided in this Act, together with

all rights, privileges and appurtenances belonging or appurtenant to the

land, subject -

(a) to the incumbrances and other interests, if any, appearing

on the register; and

(b) unless the contrary is expressed on the register, to the

overriding interests, if any, affecting the land Of right transferred of

created; and

(c) with regard to land held on emphyteusis, to all implied

and express covenants, obligations and liabilities incident to the

land or right transferred or created;

but free from all other interests whatsoever.

(2) A disposition of land registered with a qualified title, or

of any right thereon in respect of which the holder may be registered

as proprietor, shall, when registered, have the same effect as it would

have had if the land had been registered with an absolute title, save that

such disposition shall not affect or prejudice the enforcement of any

right or interest appearing by the register to be excepted.

(3) A disposition of land registered with a possessory title, or

of any right thereof in respect of which the holder may be registered as

proprietor, shall not affect or prejudicc the enforcement of any right of

interest adverse to or in derogation of the tit1e of the first registered pro­

prietor and subsisting or capable of arising at the time of the registra­

tion of such proprietor; but, save as aforesaid, shall, when registered,

have the same effect as it would have had if the land had been registered

with an absolute tit1e.

Cħarges on Land

(1 ) The proprietor of registered land may, subject to anv

Charges on

registered

entry in the register to the contrary, charge the registered land in the

land.

same manner and to the same extent as if the land had not been regi­

stered; and registered land may be charged by operation of law or of a

judgement in the same manner and to the same extent as if the land had

not been registered

Provided that a charge shall not be registered unless the land

comprised in the charge is, in the deed or other document creating the

charge or required for the registration of a charge created by operation

of law or of the judgement, described by reference to the register or in

any other manner sufficient to enable the registrar to identify the same

without reference to any other document.

(2)

Any provision contained in

a

charge

which

purports

to --

(a) take away from the proprietor thereof the power of trans­

ferring it by registered disposition or of requiring the cessation

thereof to be noted on the register; or

(b) affect any registered land other than that in respect of

which the charge is to be expressly registered,

shall be void.

( 1 ) The charge shall be completed by the registrar entering

on the register the person in whose favour the charge is to subsist as the

proprietor of such charge,. and the particulars of the charge.

(2) When the land in respect of which a charge is registered,

is registered with a qualified or a possessory title, the charge shall take

effect subject to the provisions of this Act with respect to land regis­

tered with such a title.

A charge shall not affect a person acquiring any registered

land or right thereon unless the charge is protected by an entry on the

register.

Subject to the provisions established by law and to a n y entry

to the contrary on the register, registered charges on the same land shall,

as between charges of the same kind and not enjoying any intrinsic

priority, rank according to the order in which they are entered on the

register, and not according to the order in which they are created.

(1) A registered charge may be transferred in the same

manner and to the same extent as if it were a charge registered under

the provisions of the Public Registry Act.

(2) The transfer shaB be completed by the registrar entering

on the register the transferee as proprietor of the charge transferred, or

of so much of the charge as is transferred, but the transferor shaB be

deemed to remain proprietor of the charge unti1 the name of the

transferee is entered on the register in respect there of.

The registrar shaB, on the requisition of the proprietor of any

charge, or on due proof of the satisfaction or extinction, whole or

partial, there of, notify on the register in the prescribed manner, by can­

celling or varying the original entry or otherwise, the cessation, whole

or partial, of the charge, and thereupon the charge shall be deemed to

have ceased, in whole or in part, accordingly.

Transmissinn of Registered Land and Charges

(1) On the opening of succession of the sole proprietor or of

anyone of the proprietors, the successor or success ors shall be entit1ed

to be registered as proprietor or proprietors in his place.

(2) The fact of any person having become entit1ed to any

registered land or charge in consequence of the opening of succession

of any proprietor shall be proved in SUdI mannel' as the registrar may

determine.

(3) The registration of a successor in place of the proprietor

under this section may be made with a qualified title even if the land is

registered with an absolute tit1e.

(4) Subject as aforesaid, provision may be made by rules for

the manner in which effect is to be given to transmissions on death or

on the taking of religious vows.

PART V

CAUT10NS

-

(l) Any person having or c1aiming such an interest in land

not already registered as entitles him to object to the registration of a

right over the land affecting the interest of the cautioner may lodge a

caution with the registrar to the effect that no registration of such right

is to be made until notice has been served upon the cautioner.

(2) The caution shaH be supported by a sworn declaration

stating the nature of the interest of the cautioner, the land and right

thereon to be affected by such caution, and such other matter as may

be prescribed.

(3) After any such caution against registration has been

lodged in respect of land not alrcady registered, registration sha11 not

be made of such right until notice has been served on the cautioner to

appear and oppose, if he thinks fit, such regisration. and the pre­

scribed time has elapsed since the date of the service of such notice, or

the cautioner has entered an appearance, whichever may first happen.

(l)

Cautions

Any person -

having or claiming an unregistered real right over land

(a)

registered in the name of any other person; or

(b) who has lodged a demand for the decIaration of bank­

ruptcy of a registered proprietor of land or of a charge; or

(c) who has lodged a demand for the interdiction or incapaci­

tation of a registered proprietor of land or of a charge; or

(d)

who. being the wife of a registered proprietor of land or

of a charge, has lodged a dem and for the cessation of the commu­

nity of acquests comprising such land Of eharge; or

who, having entered into a written promise of sale or em-

(e)

phyteusis with the registered proprietof regarding any sueh land;

may lodge a caution with the registrar to the effect that no disposition

of sueh land or eharge on the part of the proprietor is to be registered

until notice has been served upon the eautioner.

(2) The eaution shaH be supported by a sworn dec1aration

stating the nature of the interest of the eautioner, the land to be effeeted

by sueh caution, and sueh other matters as may be prescribed.

(3) After any sueh eaution against dealings has been lodged

in respeet of any registered land or eharge, the registrar shaH not, with­

out the eonsent of the cautioner, register any disposition or make any

entry on the register for proteeting the rights aequired under any deal­

ing by the proprietor with sueh land or charge until he has served no­

tice on the cautioner, warning him that his eaution wilI cease to have

any effeet after the expiration of the preseribed number of days next

fol1owing the date at which sueh notiee is served; and after the expira­

tion of sueh time as aforesaid the eaution sha11 cease unless an order to

the eontrary is made by the registrar. �md upon the eaution so eeasing

the registered land of eharge may be dea1t with in the same manner as

if no eaution had been lodged.

(4) lf, before the expiration of the said period, the cautioner,

or some person on his behalf, appears before the registrar. and, where

so required by the registrar, gives sufficient security to indemnify every

party against any damage that may be sustained by reason of any deal­

ing with the registered land or eharge, or the making of sueh entry as

aforesaid, being delayed, the registrar may thereupon, if he thinks fit

to do so and after giving any directions he may deem necessary or ex­

pedient, delay registering any dealing with the land or charge Of making

any sueh entry for sueh period as he thinks just.

(1) Any person aggrieved by any aet done by the registrar

in relation to a caution under this Act may appeal to the Court of Ap­

peal in the prescribed manner.

(2) A caution lodged in pursuance of this Act shall not pre­

judice the c1aim Of title of any person and shall have no effect whatever

except as in this Aet mentioned.

(3) If any person lodges a caution with the registrar without

reasonable eause, he shall be liable to ffic.ke to any person who may

have sustained damage by the lodging of the caution such compensation

as may be just.

(4) Saving the provisions of the last foregoing subsection, a

cautioner may apply to withdraw a caution at any time.

PART VI

LAND AND CHARGE CERTIFICATES

-

(1 ) On the first registration of a right over land in respect

of which the holder may be registered as a proprietor, and on the regis­

tration of a charge, a land certificate 01' charge certifieate, as the case

may be, shall be prepared in the prescribed form; it sha11 state whether

the tit1e is absolute, qualified or possessory and it shall be either deli­

vered to the proprietor 01' deposited in the registry as the proprietor may

prefer.

(2) If so deposited in the registry it shall be official1y en­

dorsed from time to time, as in this Act provided, with notes of all sub­

sequent entries in the register affecting the registered land or charge to

which it relates.

(3) The proprietor may at any time apply for the delivery of

the certificate to himself or to such person as he may direct, and may

at any time sa deposit it in the land registry.

(4) The preparation, issue, endorsement, and deposit in the

registry of the eertifieate sha11 be effected without cost to the proprietor.

(1) So long as a land certificate or charge certificute is out-

.

standing, it shall be produced to the registrar

-

(a) on every entry in the register of a disposition by the pro­

prietor of the registered land or charge to which it relates; and

(b)

on every entry under this Aet of any right adversely af­

fecting the title of the proprietor of the registered land Of charge;

and

on every registered transmission.

(c)

(2) A note of every such entry or transmission shall be of­

ficially entered on the certificate and the registrar shaH have the same

powers of compe1ling the production of certificates as are conferred on

him by this Act as to the produetion of maps, surveys, books and other

documents.

(3) On completion of the registration of a transferee, or

grantee, or successor of any registered land or charge, the registrar shall

deliver to him a land eertificate or charge certificate, and, where part

only of the land is dealt with, shall also deliver to the transferor or

grantor a land certificate containing a description of the land retained

by him.

(4) Where a title to land is acquired by prescription, or pur­

suant to an order of a court of competent jurisdiction, or to a judicial

sale, or to a declaration made by the Presid�nt under the Land Acqui-

sition (Public Purposes) Ordinance, the acquisition may be registered,

and a new land certificate may be issued to the acquirer, without pro-

duction of the former land certificate (when not deposited at the re-

gistry).

(5) A charge certificate shall not be issued unless a note of

the charge has been officially entered on the land certificate of the re­

gistered land affected by that charge.

The registrar may, when a land certificate or charge

(l)

certificate is produced to him, grant a new land certificate or charge

certificate in the place of the one produced.

(2) A new land certificate or charge certificate may be issued

in place of one los t or destroyed, or in the possession of a person out of

the jurisdiction of the courts of Malta, on such terms as to advertise­

ment, notiee, or delay as may be prescribed.

Any land certifieate or charge certifieate shall be admissible Certificates to

as evidence of the several matters therein contained, as provided in sec- be evidence.

Capo 15

tion 627 of the Code of Organization and Civil Procedure.

Notwithstanding anything contained in this Act, where more

than one person are registered as proprietors of land or of a charge, the

land certifieate or charge eertificate shall be delivered only to a person

appointed by all the proprietors and until a person is so appointed, the

certificate sha11 be kept deposited in the registry.

PART VII

GENERAL PROVISIONS CONCERNING

-

REGISTRATION

(l) All registered land shall, unless under the provisions of

this Act the contrary is expressed on the register, be deemed to be sub-

ject to such of the following overriding interests as may be for the time

being subsisting in referenee thereto, that is to say -

(a)

easements;

(b)

tithes and other burdens;

(c) rights acquired or in the course of being acquired by pre­

scription, or through forfeiture or as bona vacantia;

(d)

the rights of every person in actual occupation of the land,

save where enquiry by means of a judicial act is made of sueh per­

son and the rights are not disc1osed;

(e)

in the case of a possessory or a qualified title, all rights,

interests and powers excepted from the effect of registration;

(f) the rights of the Government to and over minerals est­

ablished or protected by law;

(g)

leases;

(h)

general privileges, general hypothecs and the benefit of

separation of estates duly registered under the laws in force at the

time sueh rights may have arisen;

(i) the rights of the competent a u t h o r i ty acquired under the

Land Acquisition (Public Purposes) Ordinance unless and until re­

gistcred or protected on the register in the prescribed manner;

shooting and similar rights;

(j)

(k) Iegal usufructs u n l es s and untiI they are p r o te ct ed on the

register in the prescribed manner;

(1) the rights of t h e heirs of a predeceased spouse over pro­

perty comprised in the community of acquests and registered in the

name of the other spouse

Provided that, where it is proved to t h e satisfaction of the re­

gistrar that any land registered or about to be registered is free from ease­

ments or free from tithes and other bu r de n s the registrar may notify the

,

fact on the register in the prescribed manner.

(2) Where at the t i m e of first registration any easement or

other real right Of any tithes Of burdens created by a public deed or by a

\Vill and duly registered under the laws in force at the time such rights

may have arjsen, adversely affect the land, the registrar shall enter a note

thereof on the register.

(3) Where the existenee of an overriding in ter e s t mentioned

in this seetion is proved to the satisfaction of t h e registrar or a d m i tt e d he

,

may (subject to any prescribed exceptions) enter notice of the same, or

a claim thereto on the register, but no claim to an easement not created

by a public deed shall be noted against the title to the servient land if

the proprietor of sueh land (after the prescribed notice is given to him)

shows sufficient cause to the contrary.

Where by virtue of any interest or power which is an overrid­

ing interest a person disposes or causes the disposal of any right over

registered land, and the disposition is capable of being registered, or has

sueh an interest in land as is capable of being registered, the registrar

shall. if so required, give effeet to the disposition or the interest on the

register.

If before the registration of any interest in l a nd with an abso­

lute title any easement or other right has been acquired for the benefit

thereof, then, on sueh registration, the easement or right shaH, subject to

an entry to the contrary on the register. become appurtenant to the re­

gistered land in like manner as if it had been granted to the proprietor

\\'ho is registered <tS aforesaid.

(l) Any person claiming to have a cq u i r e d by prescription a

titIe to land registered in the name of another person may apply to be

registered as proprietor thereof.

(2) The registraT shall, on being satisfied as to appilcant's

title, enter the applicant as proprietor with absolute, qualified or posses­

sory tit1e, as the case may require, but without p r e j u d i ce to any right or

interest protected by an entry on the register which may have not been

extinguished by prescription; and sueh registration shall, subject as afore­

said, have the same effect as the registration of a first proprietor; but the

proprieto; or the applieant Of any other person interested may apply to

the court for the determination of any question arising under this section.

(3) The provisions of this seetion may be applied, subject to

the necessary modifications, to cases where an easement or other real

right has been acquired by prescription.

(4) The provisions of this section may also be applied with

the necessary modifications to cases where a t i tle to la n d is acquil'ed by

the Government through forfeiture or as bO}1a vacantia.

Any acl capable of interrupting the running of prescription in

rela tion to r e giste r ed land, o r to a registered charge, or to a debt p r o

­

tected by a registered charge or by a right which is an overriding interest

in registered land, shall not affect an acquirer of any interest in such

land unless and until notice there of is notcd on t h e register on an ap p Ji

.

cation made in the prescribed manner

Registered land may be described -

(a) by m ea n s of a verbal description and a field plan or

general map, based on the official map of the land registry: or

(b)

by reference to a deed Of other documents, a copy or

at the registry, containing a sufficient des­

extract whereof is filed

cription and a plan or map thereof; or

(c) otherwise as the applicant for registration may desire, and

the re gist r a r may approve;

,

regard being had to ready identification of parcels, correct description of

boundaries, and, so far as may be, uniformity of practice; but the

boundaries of ,1\1 land a n d all requisite detaiIs in r ela t ion to the same

shall. whenever p r a e t ie a b l e be entered on the register or filed plan, or

,

general map: and the filed plan, if any. 01' general map shall be used for

assisting the identification of land.

Wh e r e the registrar is satisfied as to the title to land

(I)

registe r ed with a qualified or possessory title, either as a result of the

additional evidence produced to him 01' otherwise in his po sse s s i o n 01'

,

as a result of the Iapse of time, or as a result of both, he may, after

giving such 110tices, if any. as may be prescribed, register it at any time

<:ts ab:oolute, whether the proprietor consents to such registration Dr not.

(2) If any c l a i m adverse to the title of the proprietor has been

l11C!,de, an entry shall not be made on the register under this section

unless and until tbe daim has heen disposed of.

(3) Any person, otber than the propri e tor who suffers Joss by

,

ft;;UliOP of any entry on th e register made by virtue of this section shall

be entitled to be indemnified under this Act as if a mistake h ad been

11 1 � ld e in the register.

(l) Every person wbose name is entered on the register as

proprietor of any registered land or charge, or as cautioner, or as entitled

to receive any notice. 01' in any other character, sha1l furnish to the

registrur a place of address in Malta.

(2) Every not i e e by this Aet required to be given to any

persou shall be served personaUy, Of sent through the post in a registered

1,�tter marked outside "Land Registry", and direeted to sueh person at

the address furnished to the registrar and, unless returned, sh a ll be

deemed to have been received by the p e r s o n addressed within such

period, not less than three days, exclusive of the day of pos t i n g as may

,

be prescribed.

(3) The Postmaster General shall give directions for the

inuncdiate retl.lrn 10 the registrar of allletters marked as aforesaid. and

addressed to auy person who cannot be fo u n d and on the return of any

letter containing any notice. the registrar shall act in the matter r eq u i r i n g

sucħ notice to be given in such manner as may be prescribed.

(4) An acquirer of an interest in registered land shall not be

affected by the omission to send any notice by this Act directed to be

given or by the non-receipt thereof.

PART VIII - RECTIFICATION OF REGISTER

AND INDEMNITY

(l) The register may be rectified pursuant to an o r der of a

court of competent jurisdiction or by the registrar, subject to an appeal

to the Court of Appeal, in any of the following cases, but subject to

the provisions of this section

(a) Subject to any express provision of this Act to the con­

trary, where a court of competent jurisdiction has adjudged that

any person is entitled to any ri g h t or interest in or tD any regis­

tered land or charge, and as a consequence of such decision such

court is of opinion that a rectification of the register is required,

and makes an order to that effect;

(b)

Subject to any e xp r e s s p r o v i sio n in this Act to the con­

trary, where the Court of Ap p e al on the application in the pre­

,

scribed manner of any person who is a ggr ie v ed by an entry made

i n, or by the omission of an entry from, the r e gi ster, or by any

default bein g made, or unnecessary delay taking place, in the mak­

ing of an entry in the register, makes an order for the rectification

of the register;

time with the consent of

all

(c)

In any case and at any

persons interested

Where a court of competent j ur isd i ction or the r egi s t r ar

(d)

is satisfied t h a t an entry in the rcgister has been obt ai ne d by fraud

or violence and in the case of the court, an order is m a d e for the

rectification of the re gi ste r ;

(e) Where two or more persons, not b e i n g jointly entitled

thereto, are, by mistake, registered as proprietors 'Of the �ame right

Q v e r registered land or of the same charge;

.

(f)

In any other case where, by reason of any e rro r or omis­

s i o n in the register, or by reason of any entry made under a

mistake, it may be deemed just to rectify the register.

(2) The register may be rectified under this section notwith­

standing that the rectification may affect any rights, c h arg es or interests

a c q ui r ed Dr protected by registration, or by any entry on the register,or

otherwise.

(3) The register shall not be r ec t if i e d, except f o r the purpose

.

o f gi v in g effect to an overriding interest, so as to af f e c t the title of the

p ro pr ie t o r who is in possession

-

(a)

unless such proprietor is a party or privy or has caused

or sU:bstantially contributed, by his act, neglect or default, to the

fr aud violence, mistake or omission in consequence of which such

.

rectification is 50ught; or

unless the immediate disposition to him was void, or the

(b)

d i sp ositi o n to a ny per s o n t h r o u gh whom he claims otherwise than

under an onerous title was void; or

(c) unless for any other reason, in any particular case, it is

considered that it would be unjust not to rectify the register against

him.

(4) The registrar shall obey the order of any court of com­

petent jurisdiction in relation to any registered land on being served

with the judgement or an official copy thereof accompanied by a

statement by the registrar of the court certifying that the judgement has

become res judicata.

(5) A court shall not make an order for the rectification of

the register unless the Land Registrar is a party to the proceedings in

respect of which the order is made.

(6) Except for the purpose of giving effect to an overriding

interest, no entry in the register shall be rectified after the lapse of ten

years from the date on which it is made

Provided that nothing in this subsection shall be construed as

affecting the right of any person to claim damages from any person

liable there to.

(7) On every rectification of the register the land certificate

and any charge certificate which may be effected shall be produced to

the registrar unless an order to the contrary is made by him.

( 1 ) Subject to the provisions of this Act to the contrary, any

Right to

person suffering loss by reason of any rectification of the register under

indemnity in

this Act shall be entitled to be indemnified under this Act.

certain cases.

(2) Where an error or omission has occurred in the register.

but the register is not rectified, any person suffering loss by reason of

such error or omissioJ\, shall, subject to the provisions of this Ad, be

entitled to be indemmfied under this Act.

(3) Where any person suffers l08s by reason of the loss or

destruction of any document lodged at the registry for inspection or

safe custody of by reason of an error in any official search, he shall be

entitled to be indemnified under this Act.

(4) Subject as hereinafter provided, a proprietor of any

registered land 01' charge claiming in good faith under a forged disposi­

tion shall, where the register is rectified, be deemed to have suffered

loss by reason of such rectification and shall be entitled to be indemni­

fied under this Act.

(5) No indemnity shall be payable under this Act in any of

the following cases

(a)

Where the app1icant has himself caused or substantiaIly

contributed to the loss by his fraud or violence, or derives title

(otherwise than under a disposition under an onerous tit1e which is

registered or protected on the register) from a person so committing

fraud or violence;

(b) Where the register is not rectified in accordance with sub­

section (6) of section 50 of this Act;

(c)

Where the register is rectified to give effect to an overrid­

ing interest;

(d)

On account of costs incurred in taking or defending any

legal proceedings without the consent of the registrar.

(6) Where an indemnity is paid in respect of the 10ss of a

right over or an interest in or a charge on land, the amount so paid

shall not exceed -

(a)

where the register is not rectified., the value of the right.

interest or charge at the time when the error or omission which

caused the 10ss was made;

where the register is rectified, the va1ue (if there had

(b)

been no rectificati-on) of the right interest or charge, immediately

,

before the time of rectificati·on.

The registrar may, if the applicant desircs it, and subject

(7)

to an appeal to the Court

of Appeal, determine whether a righ t to

indemnlty has arisen under this section, and, if so, award indemnity. In

the event of an appeal to the co u r t the app1ic a nt shall not be required

t o pay any costs except hi s own, even jf uns u cce s s f u 1 unless the court

.

considers that the appeal is unreasonable.

(8)

In grunting any indemnity the registrar may have regard

i nc u r r ed in relation to the matter,

to any costs and expenses properJy

and may add the same to the amount of the indemnity money which

would ot h e r wise be payab l e

.

(9) Where indemnity is paid for a 10ss. the registrar, on

beha1f of the Government, shall be entit1ed to recover the amount paid

from any person who has caused or substantially contributed to the 10ss

by his frau d violence. neg1igence or defau1t. and shall be entitled to

.

enf:orce any express or implied covenant. warranty or other right which

the person who is indemnified would have been entitIed to enforce in

relation to the matter in respect of which indemnity has been paid.

(10) Any claim to indernnity under this Act shall be enforce­

abIe on1y if made within five years from the date on which the right to

indemnity arises, and such period shall run against all persons

Provided that where the person entitled to indemnity is a

minor the claim by him may be made within two years from the ti m e

he attains majority or within five years from the date on w h ich the

rigbt to indemnity arises. whichever may be the later date.

(1) T h i s section applies to the Government in like manner

as it appli es to a private person.

(l) There shall be an insurance fund to meet claims for

inde m nity payable under this Act.

(2) There shall be set aside and paid into the said fund at

the end of each financial year such portion of the receipts from the fees

ta ken in the registry under this Act as the Ministei responsible for

fin<lncC ma:y by order determine.

(3) The insurance fund s h a ll be i nv es t ed in s u ch names and

manner as the said Minister may from time to time direct.

(4) If the insurance fund is at any time insufficient to pay

indemnity for any loss chargeable thereon, the deficiency shall, by virtue

of this Act and without further assurance, be charged on and paid out

of the Consolidated Fund; but any sum so paid out of the Consolidated

Fund shall be repaid out of the money s u b se qu ent l y standing to the

�

credit of the insurance fund.

(5) Acco u n t s of the fund shall be kept and be audited as

public accounts, in accordance with such regulations as t h e Minister

responsible for finance may from time to tirne make.

PART IX- MISCELLANEOUS PROVISIONS

(I) Any person may, on payment of the prescribed fee.

inspect any register or document in the custody of the registrar relating

to any registered land or charge.

(2) Any person may, on payment of the prescribed fee,

require the registrar to make copies of and extracts from any register or

document in the custody of the registrar relating to any registered land

or charge.

Office copies of and extracts from the register, and of and Admissibility

from documents and plans fi1ed in the registry, shall be admissible in in evidence of

evidence in all actions and matters, and between all persons and parties, office copies etc.

to the same extent as the originals would be admissible, but any person

suffering loss by reason of the inaccuracy of any such copy or extract

shall be entitled to be indemnified under this Act, and no person shall

be answerable in respect of any loss occasioned by relying on any such

copy or extract.

If in the course of any proceedings before the registrar of a

court in pursuance of this Act any person, with intent to conceal the

title or claim of any person, or to substantiate a false claim. suppresses,

attempts to suppress, or is privy to the suppression of, any document or

fact, the person so suppressing, attemptin g to suppress, or privy suppre­

sion, shall be guilty of an offence.

(l) If any person fraudulently procures, or attempts fradu­

lently to procure, or is privy to the fraudulent procurement of, any

entry on, erasure from or alteration of the register, or any land or cħarge

certificate shall be guilty of an offence.

(2) Any entry, erasure, or alteration so made by fraud shall

be void as between all persons who are parties or privy to the fraud.

A person guilty of an offence under this Act shall, on con-

viction, be liable to imprisonment for a term not exceeding four years

or to a fine (multa) not exceeding five thousand pounds, or to both

such imprisonment and fine.

PART X - RULES AND FEES ORDERS

(1) Subject to the provisions of this Act, the Minister may

make general rules for the purpose of regulating the manner, procedure

or conditions in which or under which the provisions of this Act are to

be carried out, for the purpose of regulating such matters as are by this

Act required or authorized to be prescribed, or in respect of which

provision is to be made by rules and generally for the purpose of regu-

lating any matter connected with the establishment and management of

a land registry and the registration of title to land.

(2) Without prejudice to the generality of the provisions of

subsection ( l) of this section, rules made under this section may also

be made for all or any one Of more of the following purposes

(a) for regulating the mode in which the register is to be

made and kept;

(b) for prescribing the forms to be observed, the precautions

to be taken, the instruments to be used, the notices to be given,

and the evidence to be adduced in all proceedings before the

registrar or in connection with registration;

(c)

for regulating the procedure on application for first regist­

ration;

(d) for enabling registration with a possessory title to be

provisional1y effected pending the investigation of the tit1e;

(e) for regulating the custody of any documents from time to

time coming into the hands of the registrar, with power to direct

the destruction of any such documents where they have become

altogether superseded by entries in the register, or have ceased to

have any effect;

(f) for carrying out the provisions of this Act with respect to

compulsory registration;

(g) for the conduct of official searches against cautions,

inhibitions, and such matters of a like nature as may be prescribed;

(h) for allowing the insertion in the register, and in land cer­

tificates, of the price paid or value dec1ared on first registrations,

transfers, and transmissions of land;

(i) for giving notice on land certificates of the general effect

of registration;

(j) for the registration, by way of notice, on the first regist­

ration of the land, of any easement, right, or privilege, created by

an instrument and operati11g at la'w v"h�ch appears to affect

adversely the land, and so far as practicable by reference to the

instrument creating the same;

(k) for enabling any person who acquires any such easement,

right, or privilege, after the date of first registration of the land, to

require (subject to notice being given to the owner of the servient

land) entry to be made in the register of notice of the same, and

so far as practicable by reference to the instrument creating the

right;

(l) for enabling the first 01' any subsequent proprietor to

require that notice of his tit1e to any such right or interest, whether

acquired under an instrument or by prescription or otherwise,

entered on the register, and, so far as practicable, by reference to

the instrument (if any) creating the right or interest, and for presc­

ribing the effect of any such entry;

(m) for regulating the issue and forms of certificates, and, if

deemed desirable, for prescribing any special notification on the

certificate to be given by way of waming when incumbrances.

notices, and other adverse entries appear on the register;

(n) for providing for the cases in which the registrar may

grant a certificate that an intended disposition is authorised and

will be registered if presented;

(0) for prescribing the effect of priority notices and of priority

cautions and inhibitions;

(p) for providing any special precautions to be taken against

forgery when the land certificate is not in the possession of the

proprietor of the registered land;

(q) for adapting the provisions of this Act relating to trans­

fers of registered land to other dispositions authorised to be made

by a proprietor;

(r) for enabling entries to be made in register on the

surrender, extinguishment or discharge of any subsisting interest

without previously registering the title to the interest which is

merged or extinguished.

(l ) The Minister may, with the concurrence of the Minister

responsible for finance, make orders with respect to the amount of fees

payable under this Act.

(2) The fee orders relating and incidental to registration of

title shalI be arranged from time to time so as to produce, as far as

practicable, an amount sufficient to discharge the salaries and other

expenses (inc1uding the annual contributions to the insurance fund)

incidental to the working of this Act.

Passed by the House of Representatives at Sittillg No. 529 of the 27th July,

1981. CALCIDON AGIUS

Speaker

c. MIFSUD

Clerk to the House of Representatives

K"stilja

Ippubblikat mit-Taqsima tat-Tagħrif

Pllblished by the Information Divisioll

- Kastilja

_.

-

Mitl>ugħ

fl-Istamperija

tul-Gvern

p,.illted al

the

Govemmellt Prillting Press

-