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Maltese Laws |
C 1219
Articles
Title Central Registry Act 1
Part 1 Preliminary Provisions 2-3
Part 2 Administrative Provisions
Title I The Central Registry Office 4-7
Title II The Central Registry 8-13
Title III Of Officers and Other Staff 14-21
Part 3 The Register
Title I General Provisions 22-26
Title II Filing and Registration 27-30
Title III Registrable Acts 31-36
Title IV Effects of Registration 37-39
Part 4 Of Persons
Title I Personal Registrable Acts 40-42
Part 5 Of Things
Title I Proprietary Registrable Acts 43-47
Title II Of Titles 48-58
Title III Restrictions 59-64
Title IV Of Prescription 65-67
Title V Public Land 68-72
Title VI Conflict Resolution 73-77
Part 6 Rectification of the Register 78-82
Part 7 Certificates, Reports and Searches 83-88
Part 8 Insurance and Indemnity 88-89
Part 9 Miscellaneous Provisions 90-96
C 1220
AN ACT to repeal and re-enact the Public Registry Act and the Land Registration Act, and to establish one central registration system for the registration of all matters concerning the person or immovable property which require registration to have effect with regard to third parties.
Short Title.
Interpretation.
Cap. 16.
“annotation” means any observation or entry made by the registrar in the register, by way of providing information, in terms of
article 62 of this Act;
“archives” includes all alphanumeric documents and records in the possession of the Registrar;
“caution” means that act whereby any person having or claiming an interest, objects to the registration of an immovable or right
therein in accordance with article 64 of this Act;
“certification” means a certificate issued under the registrar’s authority, certifying the status of the register, or
furnishing proof of the existence of, or of the contents of, any record kept at the Registry, including any extract or certificate
required in terms of the Civil Code, in respect of registrable acts;
“databank” shall mean such electronic databases as may, from time to time, be compiled in terms of this Act;
“database” means all those electronic systems which are compiled by the Central Registry for the better management of this Act,
and includes the Commondatabase mentioned in article
23 of this Act, and includes systems relating to civil status, notes,
registrable acts, registers, certficates of title, and elecronic versions of archives;
“day-book” means the roll of all the information recorded on a particular day in the database, as prescribed in article 29 of
this Act;
“immovable” or “immovables” means and includes all things, rights and actions which are immovable by their nature or by reason
of the object to which they refer, in accordance with articles 308 and 310 of the Civil Code;
“Malta” means the island of Malta, the island of Gozo and other islands of the Maltese Archipelago, including the territorial
waters thereof;
“Minister” means, unless otherwise stated, the Minister responsible for the Central Registry;
“note” means the note of registration filed for the purpose of registering a registrable act in the Central Registry and includes
all plans and other records, documents or annexes filed together with the note;
“notice” means a notice in writing of any kind issued in terms of this Act;
“Office” means the Central Registry Office which manages the Central Registry;
C 1221
C 1222
“Officer of the Registry” means those officers appointed in terms of article 19 of this Act;
“overriding interests” means the interests described as such in article 60 of this Act;
“person” includes a physical or legal person, whether such person is corporate or unincorporated, and for the purposes of this
Act shall also include any authority, institution, organisation, fund, foundation, universitas rerum, trust, firm, and any other entity whatsoever;
“prescribed”, unless otherwise indicated, means prescribed by rules made under this Act;
“priority notice” means a notice filed in the Registry in terms of subarticle (5) of article 27, subarticle (4) of article 64
and subarticle (4) of article 87, for the purpose of giving due advice that the person filing the notice has an interest in an immovable;
“qualification” means any restriction, limitation, stipulation or condition noted on the register in terms of article 63 of this
Act;
“register” means the registry as such and such data or document, whether forming part of the alphanumeric archive or whether part
of the electronic databases, in the possession of, or under the custody of, or charge of, the Registrar, and “Registry” and “registered”
shall be construed accordingly;
“registrable act” includes acts of civil status, notarial deed, court judgment or decree, judicial act, title to immovable, or
rights over immovables, and any other instrument which in terms of this Act or any other law has to be registered, and includes any
other documents, records or annexes filed together with the act, and “act” or “acts” shall be construed accordingly;
“Registrar” means the Registrar General and any Senior
Official or other Officer, authorised in that behalf by the Registrar;
“Registrar General” means the public officer appointed by the Minister to take charge of the Central Registry Office pursuant
to article 14 of this Act;
“Registry” means the Central Registry set up in virtue of this Act; “rights over immovables” or words to that effect shall
include
all praedial easements as well as all rights, obligations and limitations imposed, in virtue of a registrable act, on an immovable,
for the benefit of another immovable or owner thereof, notwithstanding that they are not specifically described as praedial easements;
“Supervisory Committee” means that committee established in terms of Article 110 of the notarial Profession and Notarial Archives
Act;
“third party” or “third parties” means any person who is not a party to a registrable act or who has not been notified of
a registrable act by means of a judicial act, so however that once the third party is notified, he cannot plead that he is extraneous
to the fact of which he has become aware;
“title” means a certificate, issued in respect of proprietary rights and “certificate of title” shall be construed accordingly;
“Tribunal”, unless the context otherwise requires, means the
Tribunal, or Tribunals, mentioned in article 74 of this Act.
(a) acts of civil status, as, in accordance with the provisions of the Civil Code, as well as in accordance with this Act or any
other law, concern civil status or relate to civil life; and
C 1223
Cap. 55.
References to the Public Registry Act and the Land Registration Act.
Cap. 56. Cap. 296.
Central Registry
Office.
Cap. 16.
C 1224
Cap. 255.
Central Registry
Branches.
Central Registry
Office functions.
(b) other registerable acts in accordance with the provisions of this Act, or any other law.
(2) The Central Registry Office shall also be the Marriage
Registry mentioned in subarticle (1) of article (2) of the Marriage Act.
(2) A branch of the Office shall be situated on the island of
Gozo with such functions and authority, as provided for, in this Act.
(3) The Minister may, by notice in the Gazette, establish other branches of the Office with such of the functions and authority of
the Registry, as may be prescribed.
(4) Unless otherwise prescribed, a note, may be filed either in the Central Registry Office or in the Gozo branch, or in any other
branch of the Office set up in terms of subarticle (3) hereof, as the Minister may, form time to time prescribe.
(5) References in this Act or in any other law to the Central Registry Office, unless the context otherwise requires, shall include
reference to any one, or all branches of the Registry, provided that, subject to article 7 of this Act, or unless otherwise prescribed,
all the functions of the Central Registry Office, shall be the responsibility of the Office situated in the island of Malta, and
the branches shall not act independently.
(a) the preservation and safe custody of all notes; (b) the filing and registration of registrable acts;
(c) the production and preservation of copies reproduced by electronic or by any other means, as may be prescribed;
(d) the security of the Registry, archives, databanks and databases, including the production of certificates and copies from the
said Registry, ensuring that no additions, cancellations or modifications may be made thereto, unless as prescribed in this Act;
(e) the production and preservation of the centralised electronic index or indexes mentioned in article 12 of this Act; and
(f) the production of certificates, reports and official searches as may be prescribed, which certificates, reports and official
searches may be generated or transmitted by electronic means.
4 of article 5 are filed at the Gozo branch:
(2) The Gozo branch shall also have the functions of the Marriage Registry, referred to in subarticle (2) of article 4 of this
Act, for all matters relating to marriages taking place in the island of Gozo.
(2) The Central Registry shall consist of the: (a) Registry archives;
(b) Registry databank; and
(c) Registry databases.
(2) There shall be two archives, one in the island of Malta, for the custody and preservation of all notes filed in the Office
situated in the island of Malta, and one in the island of Gozo for the custody and preservation of all notes filed in the Gozo branch.
(3) In the archives situated in the island of Malta there shall be deposited and preserved:
(a) notes filed in the Office in Malta; and
(b) records and documents, including indexes, registers and volumes which up to the day of coming into force of this Act were preserved
in the Public Registry of Malta in terms of the Civil Code, the Public Registry Act, or the Marriage Act, or any other law; and
C 1225
Gozo branch.
The Central
Registry.
The Central
Registry archives.
Cap. 16
Cap.56
Cap. 255.
Cap. 296
C 1226
The Central
Registry databank.
(c) the register, including the certificates of title, whether guaranteed or not, relating to immovables situated in the island
of Malta, issued in terms of the Land Registration Act, the condominium register, as well as all documentation relating thereto.
(4) In the archives situated in Gozo there shall, mutatis mutandis, be deposited and preserved all the documents mentioned in subarticle (3) hereof, as, up to the coming into force of this Act, were
deposited or preserved at the Gozo branch.
(5) Any original document deposited in the archives, may not be removed therefrom without the concurrence of the Supervisory Committee,
and, where such concurrence is obtained, the registrar shall ensure that these documents are re-deposited in the registry as soon
as the purpose for which they shall have been removed, shall have been served.
(6) The archives shall be open to inspection by every Officer of the Registry, during such times, and on such dates, as may be
prescribed, and, subject to subarticle (2) of article 13 of this Act, copies or extracts thereof, shall be given upon the demand
of any person, in any manner as may be prescribed, provided that -
(a) where the Registrar General is of the opinion that issuing copies or extracts may harm the interests of any person; or
(b) where the copy or extract refers to a will drawn up by a person who is still alive,
The Registrar may refuse to issue the copy or extract unless ordered to do so by a Court of Voluntary Jurisdiction, or other Court
dealing with such matters.
(7) Where branches are set up in terms of this Act, they may each retain their own archives.
(2) The databank shall be kept at the Registry in Malta and shall be administered and controlled by the Registrar, and shall include such databases as may be prescribed.
(2) Notwithstanding any other law, the contents of the database, once reported in the day-book, certificates and official searches,
shall constitute the only evidence to prove, with regard to third parties, that a note has been registered in the Central Registry.
(3) The database shall, unless circumstances dictate otherwise, be kept at the Office in Malta, and shall be administered and controlled
in the manner prescribed.
(4) There shall only be one central database, irrespective of whether the contents thereof were filed at, or are preserved at,
the central registry office in Malta or its Gozo Branch or any other branch set up in terms of subarticle (3) of article 5 of this
Act, provided that one or more back-ups shall be preserved, as may be prescribed.
(5) Such back-up or back-ups shall be made at least at weekly intervals, and shall not be kept in the same building as that where
the database is housed.
(2) The index or indexes of the register shall be accessible to the Supervisory Committee such that this Committee may examine the index or indexes at quarterly intervals, ensuring that the provisions of subarticle (1) of this article are adhered to in such a way that the registrar may comply with requests submitted in terms of subarticle (3) of article 87.
C 1227
The Central
Registry database.
The Index.
Reports and searches.
C 1228
Registrar General.
(2) The Minister may by notice in the Gazette establish that information held at the Central Registry which, in accordance with
this Act or any other law, is subject to rules of privacy or confidentiality, or constitutes sensitive personal data in terms of
any act that deals with data protection, shall not be accessible or shall only be subject to privileged access as shall be prescribed:
Provided that third parties shall be deemed to have been informed of any information which shall be subject to privileged access only
to the extent that the said information is made available to them.
14. (1) The head of the Central Registry Office shall be the Registrar General who shall also, ex officio, be the treasurer of the Office, and of all its branches, and shall receive, on account of the Government, the fees levied in accordance
with the Tariff as may be prescribed and in accordance with Part 1 of the Schedule to the Civil Code.
(2) The Registrar shall have the functions, powers and duties vested in him by the provisions of this Act and shall have under his
direct responsibility the Central Registry Office and the officers attached to it, as well as the Central Registry itself. He shall
also have those functions as are assigned to the Director of the Public Registry and the Land Registrar in virtue of any other law.
(3) During any vacancy in the office of the Registrar, or during his absence from Office, all the functions, powers and authorities,
by this Act or by any other law, assigned to or conferred on the Registrar, shall be exercised by one of the senior officials mentioned
in article 15 of this Act, or other public officer as the case may be, designated by the Minister to act as Registrar General:
Provided that the office of Registrar General may not be left vacant for a period exceeding six months.
(4) Subject to the provisions of this Act, the Registrar shall conduct the whole business of registration under this Act and shall
prepare and cause to be printed or otherwise reproduced and circulated or otherwise promulgated such forms and directions as he may
deem requisite or expedient for facilitating proceedings under this Act.
(5) The Registrar may delegate to any Senior Official or officer mentioned respectively in articles 15 and 18 hereof, all, or any
of the functions, powers or authorities assigned to or conferred on him by this Act or any other law, including that of representing
the Registry in any legal proceedings, and he may, at any time, revoke or vary such delegation:
Provided that such delegation shall not be deemed to divest the registrar of any of his functions, powers or authorities, and he may,
if he thinks fit, exercise such functions, powers or authorities collaterally with the Senior Official or Officials, so delegated.
(6) The Registrar may, in respect of any matter relating to immovable property or rights thereto, administer an oath or take a
sworn declaration in pursuance of this Act for any of the purposes of this Act and may also, by summons under his signature, require
the attendance of all such persons as he may think fit in relation to the registration of any title; he may also, by like summons,
require any person having the possession or custody of any map, survey, book or other document relating to immovables, 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 accordingly.
(7) If any person, after the delivery to him of such summons as aforesaid, or of a copy thereof, wilfully neglects or refuses to
attend in pursuance of such summons, or to produce such maps, surveys, books or other documents, as he may be required to produce
under the provisions of this Act, or to answer upon oath or otherwise such questions as may be lawfully put to him by the Registrar
in virtue of this Act, he shall be guilty of an offence and shall be liable, on conviction, to a fine (multa), not exceeding one hundred liri, for each refusal.
(8) Notwithstanding the provisions of any law enjoining secrecy, a government department shall, within the prescribed time furnish
to the Registrar, on his request, such particulars and information in regard to immovables or rights connected therewith, as he is
by law entitled to require owners of property to furnish to him directly.
(9) Any person aggrieved by any act done by the Registrar in relation to any matter that materially affects the register may, unless
in terms of the provisions of this Act the matter has to be referred to the Tribunal, appeal to the Court of Appeal in the prescribed
manner.
C 1229
Officials.
C 1230
Oaths of office.
Acts in good faith.
Of Officers.
Officers of the
Registry.
Cap. 55.
(2) A person shall not be qualified to be appointed an Official with responsibility for matters relating to immovables, unless he is an advocate or a notary public of not less than three years’ standing.
‘I.......................................... promise and swear to observe faithfully all the laws of Malta relating to my office and to perform faithfully and with all honesty and exactness the duties of Registrar/Official ………in the Central Registry Office to the best of my knowledge and ability. So help me God.’.
(2) The Government shall not be liable, in damages or otherwise, for anything done or omitted to be done under this Act, without prejudice to the provisions of this Act relating to indemnity payable thereunder.
(a) the preparation and certification under his signature and rubberstamp, of documentation submitted to the Registry;
(b) declarations as to roots of title for the purpose of establishing title for the purposes of subarticle (3) of article 74 of
this Act;
(c) declarations relating to matters of civil status or of civil life; and
(d) any other matter which the Minister may, from time to time, prescribe.
(2) A practising architect (perit), shall be deemed to be an Officer of the Registry and, in addition to the duties and responsibilities conferred on architects (periti) in virtue of any other law, such Officer may carry out such functions connected with this Act, including the issuance, under his
signature and rubberstamp, of any plan, survey, document, report or declaration to be used in any matter relating to immovables being
registered or registered in the Registry.
Seal.
C 1231
(2) The Advisory Body shall be composed of – (a) a Chairman appointed by the Minister;
(b) the Registrar General or his representative, who shall be ex officio, Vice-Chairman;
(c) the Chief Notary to Government or his representative; (d) the Chairman of the Committee appointed in virtue of
subarticle (2) of article 110 of the Notarial Archives and Notarial
Profession Act, or his representative;
(e) two representatives of the Notarial Council;
(f) two representatives of the Chamber of Architects; and
(g) such other person or persons as may be prescribed.
Advisory Body.
Cap. 55.
C 1232
(3) The persons mentioned in the preceding subarticle, except for the members mentioned in paragraphs (b), (c) and (d) who are
ex officio members, shall sit for such time, not exceeding three years as the Minister may, from time to time, prescribe, provided that the Advisory
Body shall not be disqualified from the transaction of business by reason of any vacancy among the members of such Body. Their appointment
may be renewed for periods not exceeding three years.
(4) The Minister shall also appoint a public officer to act as secretary. Such officer shall, ex officio act as registrar to the Court of Revision of Notarial Acts.
(5) Except as may be prescribed, the Advisory Body shall regulate its own proceedings, so however that decisions are to approved
by a majority of those present and voting, the person presiding having both an original and casting vote.
(6) The Advisory Body shall be empowered to seek information from any of the Officers mentioned in article 19 of this Act.
(7) The Advisory Body, shall, whenever the need arises, advise the Minister on any matter mentioned in subarticle (1) hereof, including
-
(a) whether any of the Officers mentioned in subarticles (1) and (2) of article 19 of this Act, should be divested of their status
as Officers of the Registry;
(b) making recommendations as to the general administration and workings of the Central Registry;
(c) suggesting service level benchmarks;
(d) proposing regulations, except for fee orders;
(e) generally to propose other advice relating to the workings of this Act.
(8) The Supervisory Committee mentioned in article 110 of the Notarial Profession and Notarial Archives Act shall, in addition
to all other duties assigned to it as Court of Revision of Notarial Acts, also perform the duties assigned to it by this Act.
(2) The Registrar shall ensure that the register Of Persons and the register Of Things are accessible as may, subject to subarticle (2) of article 13 and similar provisions, be prescribed.
(3) The register shall be made up of, at least one original and a copy as specified in subarticle (7) of article 28 of this Act.
(2) Notwithstanding anything contained in this Act, the Minister may, subject to what is stated in any other law relating to data
protection, regulate all matters relating to the Commondatabase, including those required:
(a) to ensure that the said database is kept up-to-date by those departments and, or organisations that own the several data- sets
that make up this central repository of information;
(b) to standardise the format of the information that is collected;
C 1233
Register.
The Common- database.
data;
(c) to determine modes of, and criteria for, processing the
(d) to effect the marketing of the database or sets thereof;
data;
(e) to regulate persons authorised to process and access the
C 1234
Appeals in matters of confidentiality.
Misuse of information.
Information in the Common- database.
Filing.
(f) to direct the procedures to be used when data has to be rectified; and
(g) to ensure the security both of the database and the information housed therein,
and generally to make regulations as are required for the better management of the Commondatabase, including the establishment of
administrative fines and fees.
(2) The Minister may, notwithstanding any other law, impose any penalty in case of non-performance, both for the non- performance
of the obligation to file the note or act within the established
time, as well as for the delay in the performance thereof, unless the person obliged to file the note or act proves that the non-performance
or delay was due to an extraneous cause not imputable to him.
(3) The obligation of any person or official to file a note or act, shall be deemed to have been complied with, if the note or
act is submitted by any other interested party instead of the person or official whose duty it is to file same. Nevertheless the
person or official who fails to perform his obligations may still be subject to the penalties mentioned in the preceding subarticle
as well any other action that may be taken in terms of this Act or in any other law for mere delay.
(4) Whenever any person or official files a note or act, the Registrar shall acknowledge same, immediately on receipt thereof,
as may be prescribed, and such acknowledgment, as shall be prescribed, shall constitute definitive proof that the obligation mentioned
in sub- article (1) hereof has been complied with.
(5) When a registrable act arises from a notarial deed, or, subject to what is stated in subarticle (2) of article 43 and in article
44 of this Act, from any document annexed or enrolled to a notarial deed, the relative note shall be filed by the Notary publishing
the deed within fifteen days from the publication of the deed, provided that the Minister may make rules empowering the notary to
give electronic notice of his intention to file a proprietary registrable act mentioned in paragraph (a) of subarticle (1) of article
43, and such notice shall have the effect of a priority notice. The Registrar shall make an annotation of such notice until the note
mentioned herein is duly filed.
(6) When a registrable act arises from any court judgement or decree, whether res judicata or not, the relative note shall be filed by the registrar of the Court which delivered the judgement or the decree within fifteen
days from the date of the judgement or the decree as the case may be, provided that where the aforesaid judgement or decree is not
res judicata the note shall contain a clear indication that the judgement or decree is not res judicata, and for this purpose, the Court shall appoint, in the judgement or decree, a notary public to file the relative note.
(7) When a registrable act arises from any decision of an arbitration tribunal, in terms of the Arbitration Act, the relative note
shall be filed by one of the arbitrators of the tribunal which delivered the decision within fifteen days from the date of the decision,
irrespective of whether the decision is subject to appeal or not.
(8) Any other registrable act not referred to herein shall not have effect towards third parties unless and until it is registered
by such person and within such time as may be prescribed.
C 1235
C 1236
Registration.
Day-book.
(9) If the obligation to file a note does not arise either from this Act or from any other law, the right to file a note shall remain at the discretion of the beneficiary thereof, but shall nevertheless remain without effect against third parties unless and until it is registered in the Central Registry.
(2) On receipt of the note or act, as provided in article 27 hereof, the Registrar shall, within three working days from such receipt,
proceed to deposit for preservation, the original note or act, including any documents and, or plans attached thereto, in the Central
Registry archives.
(3) The Registrar shall preserve the said notes and acts, including all accompanying documents and plans, in accordance with their
subject-matter, filing same consecutively in the chronological order in which they are received, and for this reason, the Minister
may prescribe the mode in which the records are to be enumerated.
(4) Within the same period of three working days from date of filing in any Central Registry Office, the Registrar shall register
the said note or Act, as may be prescribed, in one of the databases mentioned in article 10 of this Act.
(5) Registration shall have effect at 9.00 a.m. of the first working day following the date of the day-book wherein the note or act
as recorded in the database is contained.
(6) The Registrar shall cause to be kept such indexes as are mentioned in article 12 of this Act, and such indexes shall, unless
otherwise prescribed, be drawn up within three working days from the registration in the database as prescribed in subarticle (4)
hereof.
(7) Within a period of six months, the Registrar shall ensure that a copy of all notes and acts, including the accompanying documents,
is prepared, provided that where the Registrar makes an electronic copy or back-up thereof, the provisions of this sub-article shall
be deemed to have been complied with.
Registrar shall cause to be printed that part of the day-book containing
a roll of all information recorded on that particular day in the Central
Registry database as may be prescribed.
(2) The day-book shall be accessible only to the Supervisory Committee, such that this Committee may examine the day-book at quarterly
intervals, ensuring that no two notes or acts, of the same nature, are assigned the same numbers, ensuring also that no number is
left unassigned.
(3) If any difficulty arises in connection with the provisions of sub-article (2) hereof, the Supervisory Committee shall give
such directions as it may deem fit, provided that any person aggrieved may apply to the Tribunal.
Provided that the Registrar may, at his discretion, accept a note or act notwithstanding that documents or information are missing
and in such case the Registrar shall make an annotation stating that documents or information still need to be filed, so long as
the note or act is regularly drawn up.
(2) Where the missing documents or information referred to in this article refer to an immovable, the Registrar may not, notwithstanding
the provisions of this Act, issue a guaranteed title except after the lapse of thirty years from date of filing.
(3) Notes or acts shall be drawn in the prescribed manner and the Minister may prescribe different criteria for different purposes,
provided that all notes or acts must, notwithstanding any other law –
(a) be typewritten or computer-generated;
(b) be signed by the person filing the note or act in such a way as to make such person’s identity easily identifiable provided
that an electronic signature or mark, as may be prescribed, shall suffice;
(c) be drawn up in clear and legible characters and any corrections, substitutions, cancellations and additions by means of a postil
at the foot thereof, in such a way that the words corrected, substituted or cancelled are to remain clearly legible;
Form.
C 1237
C 1238
Registrable acts.
(d) contain the particulars prescribed, provided that where any of the particulars cannot be known, the Registrar’s approval
is to be sought and where the Registrar is of the opinion that such particulars cannot be known, a statement to that effect shall
be entered, and the person filing the note or act shall sign such declaration; and
(e) contain the identity card or company registration number, of the persons involved in the transaction, and where no such number
exists, any unique number as may be prescribed, together with the title number or other unique identifier as may be prescribed.
(4) Any question as to the regularity of the note shall, on the demand of the person filing the note, be determined by the Supervisory
Committee, which Committee shall decide whether such note is drawn up according to law or otherwise direct the manner in which it
shall be drawn up and such decision, which shall be taken within two months from referral by the person filing the registrable act,
shall be final. Referral shall be made in terms of regulations as may be prescribed, provided that the Registrar shall make an annotation
to the effect that the matter has been referred for the decision of the Committee herein referred to.
(5) If the Supervisory Committee decides that such note was regularly drawn up, it shall be registered as on the date when the
annotation, mentioned in the subarticle (4) hereof was noted.
(6) Whenever a note or an act is filed electronically, the provisions of this Title shall, mutatis mutandis apply, provided that the Minister shall prescribe the manner and mode of such filing.
(2) A registrable act, whether proprietary or personal, may be a compulsory registrable act or a voluntary registrable act.
(3) The Minister may also, as prescribed in this Act, declare acts, certificates, declarations, notices, plans, reports, rights,
interests, deeds, declarations, or similar records or acts as declaratory registrable acts.
(4) A registrable act is either proprietary or personal, or a mixture of both.
(5) Proprietary registrable acts may also be restrictive or cautionary.
(2) A compulsory registrable act can only arise in virtue of: (a) a notarial deed or a document enrolled with, or annexed
to, a notarial deed;
(b) a court judgement or decree, or final decision of a tribunal; or
(c) any law.
(2) Proprietary registrable acts are restrictive when they identify, in favour of a person or persons, rights over immovables which
do not grant to the beneficiary thereof any proprietary rights, but such rights are nevertheless rights which follow the immovables
when transferred to a third party, without prejudice to the rights of the beneficiary thereof, who shall have the right to claim
these rights against the transferee.
(3) Cautionary proprietary registrable acts include annotations, qualifications and cautions drawn up in terms of this Act, or
any other law.
C 1239
Compulsory registrable act.
Declaratory registrable acts.
Voluntary registrable act.
Proprietary registrable acts.
C 1240
Personal registrable acts.
Effect towards third parties.
Extent of information.
Right of action in case of prior registration.
Acts of civil status deemed to be registrable acts.
Cap. 16
(2) The acknowledgment mentioned in subarticle (4) of article 27 of this Act shall constitute proof that the person filing the Act or note has in fact filed such Act or note, but such acknowledgment shall not, in itself, be enough to make the registrable act effective towards third parties, saving any right to damages as may be due.
(a) Acts of Birth;
(b) Acts of Marriage; (c) Acts of Death;
(d) Adoption Decrees;
(e) Acts of filiation and legitimation;
(f) Appointments of Curators and Tutors, including their removal or substitution;
(g) Inventories in so far as the immovables of the absentee, minor or incapacitated or interdicted person are concerned;
(h) all court decrees or judgements relating to any matter mentioned in paragraphs (a) to (g) hereof and prescribed in the said
Code, including any decree or judgement ordering the correction or substitution of any such act; and
(i) any other act as may be prescribed by law.
(a) the registration of the change of names or surnames in terms of any law;
(b) any court judgement or decree, including judgements or decrees granted by a court of foreign jurisdiction but which is recognised
or confirmed in terms of the laws of Malta, as effects the status of an individual, or which may be registered under the Marriage
Act, or his capacity or authority to contract or to make a will, including judgements relating to personal separation, provided that
the proviso to paragraph (f) of subarticle (1) of article 43 of this Act, shall mutatis mutandis apply;
(c) any notarial deed of renunciation made by any person on taking of religious vows;
(d) the act of emancipation in terms of article 9 of the
Commercial Code;
(e) the mandate mentioned in subarticle (2) of article 1863 of the Civil Code and the revocation, termination or renunciation of
procuration in terms of subparagraphs (a) , (c) and (d) of article
1886 of the Civil Code, or notification of revocation by the heirs or any interested party in terms of subparagaph (b) of said article
1886;
C 1241
Other personal registrable acts.
Cap. 255.
Cap. 13.
Cap. 16.
C 1242
Annotation in relation to personal registrable act.
Proprietary registrable acts.
(f) the lodgment for the demand of the bankruptcy of a person, or for the interdiction or incapacitation of an individual;
(g) notes of General Hypothec, provided that the registrar shall automatically register the General Hypothec when he is presented
with a registrable act referring to a sale or partition of immovables; and
(h) any other matter as may be prescribed.
(2) The Minister shall prescribe the form by which, and time limits within which, the acts mentioned in this article shall be registered.
(3) With respect to paragraph (e) of subarticle (1) of article
41, the registrar shall keep an index containing the names and surnames of the mandator and the mandatory with such particulars as
mentioned in subparagraphs (i) and (ii) of paragraph (c), and subparagraph (iii) of paragraph (d), of subarticle (1) of article 28
of the Notarial Profession and Notarial Archives Act, besides the name of the notary publishing the deed of enrolment as well as
the date of such deed and the nature of the mandate. The same shall, mutatis mutandis apply in respect of revocation or renunciation of mandate.
43. (1) The following are proprietary registrable acts: (a) any inter vivos notarial deed:
(i) transferring the ownership of immovables or rights over immovables;
(ii) creating or varying any praedial easement, or any right over immovables or any right of usufruct, use or
habitation relating to immovables, or containing any renunciation of such easement or right;
(iii) of emphyteusis or sub-emphyteusis or of reduction or redemption of ground-rent, or of renunciation or rescission relating thereto;
(iv) creating an annuity, in perpetuity or for a time as a real burden on immovables;
(v) imposing any burden, in perpetuity or for a time, on immovables;
(vi) of compromise affecting immovables or rights over immovables;
(vii) of partition of immovables or any declaration affecting the ownership of immovables or rights over immovables;
(viii) of assignment of hereditary rights;
(ix) of declaration of transmission causa mortis in terms of the Duty on Documents and Transfers Act;
(x) of declaration of transfer or transmission of immovables published pursuant to the division or amalgamation of companies in terms
of the Companies Act;
(xi) of declaration regarding the ownership to immovables or rights over immovables;
(xii) which records or to which is annexed or enrolled any agreement drawn up in terms of the Condominium Act;
(xiii) which records a unilateral declaration by a spouse or an agreement between spouses that a particular property is the matrimonial
home;
(b) any public will or any publication of a secret will;
(c) any marriage contract, settlement of dowry, variation of or counter-declaration respecting any marriage contract, separation
of property between spouses, or cessation of the community of acquests, whether the separation or cessation is consensual or not;
C 1243
Cap. 264.
Cap. 386.
Cap. 398.
C 1244
Cap. 12.
(d) any judicial act which interrupts prescription in terms of article 2128 of the Civil Code;
(e) causes of preference among creditors including any cancellation, reduction, modification, subrogation or assignment thereof
which in terms of the Civil Code require registration whether conventional, legal or judicial;
(f) any court judgement, decree or award, including judgements or decrees granted by a court of foreign jurisdiction but which
is recognised or confirmed in terms of the laws of Malta, even if, such judgement or decree is not res judicata:
(i) which modifies, dissolves, rescinds or revokes any act having the effect of transferring the ownership of immovables or rights
over immovables;
(ii) which directly adjudges the ownership of immovables or rights over immovables;
(iii) mentioned in article 239 of the Code of Organization and Civil Procedure;
(iv) which in terms of the laws presently in force are registrable in order to have effect with regard to third parties:
provided that where, notwithstanding the provisions of subarticle (1) of article 239 of the Code of Organization and Civil Procedure
and the matter affects proprietary rights, the aforesaid judgement, decree or award is not res judicata, or where the person seeking redress so requests, the registrar shall, on being informed that the judgement or decree is not res judicata, or on being informed of the nature of the redress being sought, enter an annotation to that effect and such annotation shall only
be removed once the final judgment, decree or award is duly registered at the Central Registry;
(g) any decision of an arbitration tribunal which refers to the same matters mentioned in subarticle (f) of this article;
(h) any judicial sale of immovables;
(i) the schedule of redemption of groundrent effected in accordance with article 1501 of the Civil Code, provided that where the redemption
has been made in respect of properties
transferred to Government in terms of the Ecclessiastical Entities (Properties) Act and the directum dominium had not yet been registered in terms of article 5 of the said Act, the registrar shall not register a subsequent transfer unless and
until the directum dominium transferred to Government and the subsequent redemption have been noted on the register;
(j) any requisition orders which are still effective in terms of the Housing Act, as well as the revocation thereof, provided that, notwithstanding the provisions of this Act, the Minister may prescribe the time
within which such requisiton orders have to be registered;
(k) any order or notice issued or revoked in terms of the Development Planning Act, and which in terms of the said Act, has to be registered;
(l) a schedule of deposit in terms of the Land Acquisition
Ordinance;
(m) any conversion of a temporary emphyteusis into perpetuity in terms of the Housing (Decontrol) Ordinance, even if such conversion
does not result from a public deed, provided that where, in terms of subarticle (6) of article 12 of the said Act, the emphyteuta
or occupier, as described therein, did not require that a notarial deed be entered into, the emphyteuta who, after the coming into
force of this Act, owns the immovable under title of perpetual emphyteusis, must register his title to the immovable within two years
from the coming into force of this provision, unless in the meantime, the same immovable has been duly registered in terms of this
Act by the said emphyteuta or another third party;
(n) orders resulting from any law, currently in force, purporting to prohibit the transfer or disposition of any movable or immovable
property, so however that the order shall be indexed both under the particulars of the individual effected by the order as well as
with reference to the geographical data of the immovable where the person or body issuing the order knows of the existence of such
immovable;
(o) the registration of the change of name of a partnership or company registered with the registrar of companies;
(p) a writ of summons or judicial act which relates to matters concerning the ownership of immovables, including acts purporting
to interrupt prescription, provided that in such case, the registration
C 1245
Cap. 358.
Cap. 356.
Cap. 88.
Cap. 158.
C 1246
Cap. 246.
Voluntary registrable acts.
Declaratory registrable acts.
is to be made with reference to the geographical data of the immovable in question;
(q) prohibitory injunctions;
(r) permits issued in terms of the Immovable Property
(Acquisition by Non-Residents) Act; (s) antichresis; and
(t) any other act as may be prescribed by law.
(2) Subject to what is stated in this Act or in any other law, the drawing up of an inventory, even if annexed to a notarial deed,
shall not be deemed to be a registrable act.
(3) Any annotation, qualification or caution, which the registrar may make, or is required to make, in the register, as well as,
(a) any mediation undertaken in terms of this Act;
(b) any referral to the Tribunal set up in terms of article 73 of this Act; and
(c) any opinion of the said Tribunal as materially affects the register,
shall be deemed to be a registrable act.
(4) Any other act, which by virtue of the provisions of any other law must be registered at the Central Registry in order to have
effect against third parties, shall be deemed to be a registrable act.
(a) promise of sale agreements concerning immovables or rights on immovables drawn up in a notarial deed or a private writing annexed
or enrolled to a notarial deed;
(b) agreements concerning immovables drawn up in a notarial deed or a private writing annexed or enrolled to a notarial deed; and
(c) notices filed by any interested party as may be prescribed.
Gazette, declare acts or title to immovables or rights over immovables
to be registrable acts, and such acts shall be known as declaratory registrable acts.
(2) Without prejudice to the generality of sub-article (1), the Minister may make such order either:
(a) with reference to particular areas which shall be identified by reference to a map or maps included in the order or in such
other manner as he may deem appropriate; or
(b) with reference to any person or group of persons; or
(c) with reference to the nature of the right in or over the immovable or categories of public deeds or registrable acts.
(3) The Minister may in any such order determine whether the declaratory registrable act is voluntary or compulsory and in the
latter case direct that a note of such registrable act shall be filed in the Central Registry Office within a period to be fixed
in the order, which period shall in no case be of less than three months.
(4) The Minister shall, in any such order, establish the form of the note which is to be filed, indicating also the persons obliged
to register and the information and documents which must be filed together with the note as prima facie evidence that the applicant
is the lawful owner or holder of the title to the immovables or rights over the immovables to be registered.
(2) The provisions of articles 60 and 61 of this Act, shall,
mutatis mutandis, apply.
C 1247
Declaratory overriding interests.
Registration on behalf of unknown owners.
C 1248
Cap. 88
(2) Where an immovable is registered on behalf of unknown owners as prescribed in sub-article (1) hereof, the Registrar shall also
register any causes of preference, cautions, servitudes or other overriding interests, or any other right registrable in accordance
with this Act as may affect such immovable, and of which he may be aware.
(3) Upon the lapse of thirty years from registration, unless, either the provisions of subarticle (5) hereof shall apply, or the
registration shall have been successfully challenged, such immovable shall be registered with guaranteed title in favour of and in
the name of the Government of Malta, free and unencumbered except for such causes of preference, cautions, servitudes or other overriding
interests or other rights that were duly registered in accordance with subarticle (2) of this article:
Provided that if the cause of preference, caution, servitude, other overriding interest or any other registrable right is in favour
of an immovable which is itself registered on behalf of unknown owners, but with reference to such immovable, the period of thirty
years mentioned in this subarticle has not yet elapsed, then the servient property shall be registered as subject to such cause of
preference, caution, servitude, other overriding interest or other right, which shall be extinguished only when the period of thirty
years as established in this subarticle elapses also in respect of the dominant property.
(4) The administration mentioned in subarticle (1) of this article shall, notwithstanding any other law, include the right to enter
such property and effect any alteration which an owner could execute over his own property, as well as the right to lease the immovable
under fair and reasonable market conditions, provided that if the lawful owner successfully claims the property within the thirty
year period mentioned in this article:
(a) all rents and benefits received by the Commissioner shall be refunded to the lawful owner after deducting therefrom all disbursements
made and a ten per cent (10%) administration fee; and
(b) he shall be obliged to recognize the lessee for a non- renewable period of eight years from the date of such registration.
(5) Without prejudice to the powers mentioned in subarticles (1) and (4) of this article, Government may also acquire such property
by outright purchase, in terms of the Land Acquisition (Public Purposes) Ordinance, and the Registrar shall register the immovable
with guaranteed title in favour of the Government, even if such property is
registered on behalf of unknown owners or is being administered in terms of the previous subarticles of this article:
Provided that property, acquired by Government in virtue of sub-article (5) of this article may be re-transferred to any body corporate
established by law, or to any partnership or other body in which the Government of Malta or any such body as aforesaid have a controlling
interest or over which they have effective control and which is charged with the business of regeneration of vacant or unutilized
property, immediately on the publication of the President’s Declaration issued in virtue of sub-article (4) of article 22 of the
said Ordinance, and in any such case, notwithstanding the provisions of the said Ordinance or of any other law, compensation may
be made by way of shareholding in such entity, such shareholding being administered by the Commissioner until such time as the lawful
owner registers his rights and interest in virtue of subarticle (4) of this article.
(6) If within the thirty year period mentioned in subarticle (3) of this article, the lawful owner successfully claims and proves
his title to the immovable, the Registrar shall, unless the property has, in the meantime, been re-transferred to the company, foundation,
entity, or department, mentioned in subarticle (4) hereof, or to any other third party acquiring therefrom, in which case the applicant
may only lay claim to the shareholding mentioned in subarticle (5) hereof, cause the owner to file a note, stating his claim and
such note shall be accompanied by prima facie proof of title, together with an application in terms of article 49 of this Act:
Provided that this note may only be filed after all expenses incurred by Government, including the administration fee referred to
in subarticle (4) of this article, have been paid by the owner seeking registration.
(7) A person, who fails to file a note in the Registry in terms of articles 45 and 46 of this Act, and as a result forfeits his
rights in favour of a third party, shall not have any right or action for compensation under any law, or claim for indemnity under
this Act, simply on the grounds that the registrar failed to register any registrable act on behalf of unknown owners in terms of
subarticle (1) of this article.
(8) Rights registered on behalf of unknown owners shall, in like manner, pass in favour of the Government by title of bona vacantia upon the lapse of thirty years from their declaration, unless a guaranteed title has already been issued in favour of Government in
virtue of the preceding subarticles.
(9 ) All payments and expenses due by or to the Government shall be due by, and paid to, the Commissioner.
C 1249
C 1250
Titles.
(a) encumbrances, cautions and other interests, if any, already registered in the Central Registry;
(b) overriding interests, if any, as affect the said immovable; (c) with regard to property held on emphyteusis, all implied
and express covenants, obligations and liabilities incidental to the
said immovable;
(d) the causes of preference registered in the Central
Registry on the said immovable, and
(e) all other registrations affecting the said immovable, whether registered with the owner’s consent or not, and including any
annotations or qualifications, as remain uncontested:
Provided that if the Minister directs that any, or all, overriding interests shall be registered within the time specified in the
Order issued in terms of subarticle (1) of article 46 of this Act, the provisions of this article shall not apply with regard to
those overriding interests, which have to be registered but are not so registered.
(2) Rights over immovables arising from a registrable act and mentioned in the note shall form an integral part of the title to
the immovable, and the owner, pro tempore, of the immovable, shall enjoy the immovable with the rights and subject to the obligations mentioned in the note.
(3) The registration of title to an immovable, or of rights over an immovable, in the Central Registry in accordance with subarticle
(1) of this article shall not, until such title becomes a guaranteed title, affect or prejudice the enforcement of any right or interest
adverse to or in derogation of the title of the registered person, and subsisting or capable of arising at the time of the registration
of the relative note.
(2) The declaration shall be such that the relative root of title is established and the officer may also include therein, a declaration
as to burdens, encumbrances, overriding interests, privileges and hypothecs including the ranking thereof such that, when the declaration
goes beyond an exposition of the root of title, the registrar shall, on issuing the title as guaranteed title, make an annotation
stating that the title is not subject to the overriding interests mentioned in article 60.
(3) The Officer mentioned in subarticle (2) of article 19 may also make a declaration in so far as it affects the technical features
of the immovable.
(4) The declaration shall be accompanied by a statement, endorsed by the Officer, that to the best of his or her knowledge and
belief, all deeds, wills and other documents and all causes of preference and overriding interests affecting the title which is subject
of the application, and all facts material to such title or, as the case may be, facts relating to the technical details thereof,
have been disclosed.
(5) The Registrar shall not process any declaration submitted by an officer who has been found guilty of a false declaration, or
who has been disciplined, by the Committee mentioned in article 21, until such time as the Committee informs the Registrar that the
prohibition no longer subsists.
(6) When the title reflects the contents of the declaration, no indemnity shall be due if the title is rectified in terms of this
Act, but any person or officer making a false declaration under this article, shall be guilty of an offence, and shall, moreover,
be liable both to the payment of damages that may be due to any interested party, as well as to any other action that the Supervisory
Committee, may deem fit.
(7) The declaration mentioned in subarticle (1) hereof may be submitted either on application or at any time thereafter.
C 1251
Application for a guaranteed title.
Declarations as to guaranteed titles.
C 1252
Provision as to declarations.
Transfers.
(2) Likewise, the Registrar shall, upon termination of ten years from the day when the registration became effective, issue in favour of the applicant a guaranteed title as provided for in subarticle (1) of this article, if, by way of documentation, the applicant submits, along with a declaration as may be prescribed, an authentic copy of a notarial deed capable of transferring ownership in terms of article 2140 of the Civil Code.
Provided that where the declaration mentioned in article 49 is submitted after ten years have elapsed from the day when the registration
became effective, the ten year period mentioned in article
51 of this Act shall only commence to run from the date of filing of such declaration.
Where Government is party to the registrable act.
(2) Where such an application is submitted, the Registrar shall, notwithstanding the provisions of article 51 of this Act, issue a guaranteed title with immediate effect.
Effects of guaranteed title.
54. (1) Without prejudice to article 81, a guaranteed title shall confer on the person so registered, erga omnes, an indefeasible title thereto which guarantees his ownership of the immovables or rights thereon as described in the note and which
is not liable to be defeated
except as provided in this Act, together with all rights, privileges and appurtenances belonging or appurtenant to the immovable,
subject only to the following rights and interests, that is to say:
(a) the qualifications, encumbrances and other interests, if any, already registered in the Registry,
(b) the causes of preference registered in the Registry on the said immovable, and
(c) all other registrations affecting the said immovable registered with the consent of the owner or which are registered without
his consent but remain uncontested by him in the manner prescribed by this Act,
but free from all other rights and interests whatsoever.
(2) Any qualifications to a guaranteed title shall not prejudice the indefeasibility of a guaranteed title save that such title
shall not affect or prejudice the enforcement of any right or interest registered in the Registry.
(a) the owner, the dominus, the emphyteuta, the bare owner, the usufructuary;
(b) the person in whom the absolute possession of the property of an absentee and the absolute exercise of the rights depending
upon his death have been granted by a judgment or order of the court; and
(c) the competent authority holding property in use and possession 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 registered as proprietor, but may have his interest registered in the Registry.
(2) Tenants and other persons who enjoy personal rights over immovables including the promisees in a promise of sale agreement,
as well as persons enjoying the right of use or habitation, shall have the right to register their interest in the Registry provided
their rights arise from a registrable act.
C 1253
Persons entitled to be registered proprietors.
Failure to make declarations.
C 1254
Incompatible registrations.
How immovables are to be registered.
Ranking of privileges and hypothecs.
declaration, fails to make or provide the documents which must accompany such application to the satisfaction of the Registrar General,
unless an application for the interruption of prescription or other caution having the same effect, has been filed and registered
in the Central Registry, the Registrar shall, upon the termination of thirty years from the day of registration of the note, issue
in favour of the applicant, a guaranteed title which guarantees his ownership of the immovables or rights thereon as described in
the note.
(2) Article 52 shall mutatis mutandis apply to this article.
(2) A title which is not a guaranteed title shall, subject to good faith, be a title capable of transferring ownership.
(2) All such immovables shall have a unique title number and in the case of the transfer or hypothecation of part of the immovable
mentioned in the title, or the division of such property into smaller units, a separate unique property number shall be given to
each smaller unit, provided that the original title number may be retained, in respect of one of the part, or smaller units.
(3) The Registrar shall draw up a certificate of title, as shall be prescribed, for each property number and such certificate shall
consist of all notes filed and registered in the Central Registry concerning the respective property number. The certificate of title
shall also indicate if the title is guaranteed and any other qualifications which may affect the title.
the same kind, and not enjoying any intrinsic priority, rank according to the order of the progressive number in which they are registered in the database, provided that the Registrar shall ensure that such registration reflects the chronological order of their filing.
(a) easements;
(b) tithes and other burdens;
(c) all implied or express covenants, obligations and liabilities incident to a registered immovable, if held on emphyteusis or
subemphyteusis;
(d) rights acquired or in the course of being acquired by prescription, or through forfeiture or as bona vacantia;
(e) the rights of the Government to and over minerals, archaeological finds and treasure troves established or protected by law;
(f) leases;
(g) the rights of the competent authority acquired under the Land Acquisition (Public Purposes) Ordinance unless and until registered
or protected on the register in the prescribed manner;
(h) hunting and similar rights;
(i) legal usufructs unless and until they are protected on the register at the prescribed manner;
(j) the rights of the heirs of a predeceased spouse over property comprised in the community of acquests registered in the name
of the other spouse;
(k) general hypothecs and the benefit of separation of estates duly registered under the laws in force at the time such rights may
have arisen; and
(l) special privileges and special hypothecs if such special privileges and special hypothecs had been duly registered in the
C 1255
Overriding interests.
Cap. 88.
C 1256
Overriding interests of limited duration.
Public Registry before the immovable so encumbered became comprised in a registration area in terms of the Land Registration Act repealed by this Act, or before the coming into force of this Act, whichever is the earlier.
(2) Subject to the provisions of subarticle (4) hereof, where an officer of the registry makes a declaration in terms of subarticle
(2) of article 49 to the effect that any immovable, registered or about to be registered, is free from easements or free from tithes
and other burdens, the registrar may, subject to the issuance of any notice as may be prescribed, notify this fact on the Register.
(3) Where at the time of registration of an immovable in the Registry, any easement or other real right or any tithes or burdens created
by a public deed or by a will, and duly registered under the laws in force at the time such rights may have arisen, adversely affect
the immovable and the Registrar is aware or is notified of this fact, he shall enter an annotation to this effect.
(4) All registered immovables shall, unless under the provisions of this Act the contrary is expressed on the register, be deemed
to be subject to such of the following overriding interests as may be for the time being subsisting in reference thereto, that is
to say -
(a) apparent easements;
(b) the rights of the Government to and over minerals, archaeological finds and treasure troves established or protected by law;
and
(c) leases.
a. with regard to the rights mentioned in paragraph (j) of subarticle (1) of article 60 of this Act, the heirs of a predeceased
spouse may register their rights, and in such case, the heirs’ rights shall be deemed to have existed from the date of the opening
of succession of the predeceased spouse;
b. general hypothecs and the benefit of separation of estates duly registered under the laws in force at the time such rights may
have arisen and in such case, these shall be deemed to have existed as from the time of their original registration; and
c. special privileges and special hypothecs on an immovable if such special privileges and special hypothecs had been duly registered
in the Public Registry before the immovable so encumbered became comprised in a registration area in terms of the Land Registration Act, repealed by this Act, and in such case, these shall be deemed to have existed as from the time of their original registration:
Provided that where any guaranteed title has already been issued in terms of the Land Registration Act, as free from easements, tithes or other burdens, and this fact had been duly noted on the title, such rights, tithes or burdens
shall not be enforceable against the title issued as exempt from such rights, tithes or burdens.
(2) The rights mentioned in subarticle (1) of this article which are re-registered within the said period of five years, must be accompanied
by a declaration drawn up and signed by an Officer of the Registry, and such declaration shall include such documents as the Registrar
may prescribe.
(3) Unless and until such time as the heirs of the predeceased spouse apply for registration of their interest in the immovable,
the surviving spouse shall, with regard to third parties, be deemed to be the sole proprietor of the immovable, and third parties
who acquire from him shall for all purposes of law be deemed to have acquired the whole share of the immovable, so however that this
shall be without prejudice to the rights of the heirs of the predeceased spouse to claim from the surviving spouse or from his heirs
their share of the proceeds of the transfer.
(4) With regard to special privileges and special hypothecs encumbering the immovable, on re-registration, they shall retain the
ranking they had prior to said re-registration in the Registry, as if the relevant provisions of this Act existed at the time the
special privilege or special hypothec were duly registered in the Public Registry or Land Registry. Where, however, they are re-registered
after the lapse of the said period of five years, they shall, notwithstanding any other law, rank only from the date of their re-registration
in terms of subarticle (5) of article 28.
C 1257
C 1258
Annotations.
Qualifications. Cap. 16
Cautions.
(2) Without prejudice to the generality of the foregoing subarticle, the Registrar shall make such an annotation if there is a
discrepancy between the note filed in terms of article 27 of this Act and the registrable act which gave rise to the filing of the
note.
(3) If any person proves, to the satisfaction of the Registrar, that any such annotation is incorrect and should be modified or
deleted, he may do so in the prescribed manner, and if the Registrar does not effect the changes required of him within the prescribed
time, the procedure set out in Part 6 of this Act shall be followed.
(2) If any person proves to the satisfaction of the Registrar that the latter has incorrectly qualified a title in terms of this
article, he may, in the prescribed manner, demand that such qualification be removed.
(3) If the Registrar does not effect the corrections within the prescribed time, the procedure set out in Part 6 of this Act shall be followed.
(2) The caution shall always be supported by a sworn declaration stating the nature of the interest of the cautioner, the immovable
or right therein to be affected by such caution, and such other matter as may be prescribed, and where the cautioner wishes to notify
any particular person, it shall be incumbent on such cautioner to indicate to the registrar the person or persons who are to be notified.
(3) After any such caution against registration has been lodged, registration shall not be made of such immovable, or right therein,
until notice has been served on the cautioner to appear and
oppose, if he thinks fit, such registration, and the prescribed time has elapsed since the date of the service of such notice, or
the cautioner has entered an appearance, whichever is the earlier.
(4) Any person may, provided he has entered into a written promise of sale with the registered proprietor, apply to the Registrar
to grant him a priority notice, and such priority notice shall have the effect of a caution.
(5) The priority notice mentioned in subarticle (4) of this article shall be valid for the period mentioned in the written promise
of sale which is to be filed with the application, and where such agreement does not mention any time limit, the priority notice
shall be valid for the period mentioned in subarticle (2) of article 1357 of the Civil Code.
(6) The Registrar shall, within the prescribed time, serve notice on any interested party, that a caution has been filed and for
this purpose, unless the applicant has indicated otherwise, the person appearing on the register shall be deemed to be the interested
party.
(7) Notwithstanding the provisions of this article, the Registrar shall, at any time, remove the caution if it appears to him,
either that the caution refers to property other than the one against which the caution was lodged, or if he is of the opinion that
the caution affects only part of the property cautioned, in which case, he shall limit the caution to the part to which it refers.
(8) The Registrar may, having regard to the nature of the case, require the person filing the caution to give sufficient security
to indemnify every party against any damage that may be sustained by reason of any dealing with the immovable or other registration
being delayed, and the registrar may thereupon, if he thinks fit to do so and after giving any directions he may deem necessary or
expedient, delay such registration for such period as he thinks just.
(9) If any interested party objects to any act or omission of the Registrar with regard to any matter relating to the previous subarticles
of this article, he may apply to the Tribunal and all issues relating to this article shall be treated with urgency, and for this
purpose, the Minister may make regulations to shorten the time-periods set out in Title VI of Part 5 of this Act, whether such periods
refer to mediation, or reference to the Tribunal and the Court as therein prescribed.
(10) If any person lodges a caution with the registrar without reasonable cause, he shall be liable to make to any person who may
C 1259
Cap. 16
C 1260
Prescription and unregistered rights.
have sustained damage by the lodging of the caution such compensation as may be just.
(11) Saving the provisions of the last foregoing subarticle, a cautioner may apply to withdraw a caution at any time.
(12) A person shall not be deemed to have registered a caution without reasonable cause for the purposes of subarticle (10) of
this article, in so far as and to the extent that, in the plans lodged with the caution, in good faith and without negligence, he
may have included an immovable or part thereof, which ought not to have been so included.
(13) The lodgement of a caution is not an application for the registration of the claim or title in protection of which the caution
is lodged and shall not exempt the person lodging the caution from the filing of the relevant applications, if any, for the registration
of any title or claim.
(14) The Minister may, by order, prescribe that other registrable acts shall have the effect of a caution.
(2) The application referred to in subarticle (1) of this article shall have the same effect as an act interrupting prescription
and, or claiming possession of the immovable.
(3) Where the application mentioned in subarticle (1) of this article is in conflict with, or incompatible with, any other registration,
or where, before the ten years mentioned in article 51 of this Act have elapsed, another registrable act being an act which is in
conflict with or incompatible to the application submitted in virtue of subarticle (1) of this article, is filed, the registrar shall
refer the matter to the Tribunal, unless any interested party has already done so.
(4) The provisions of this article shall also apply, mutatis mutandis, where the immovable or easement or real right therein, is acquired by the Government through forfeiture or as bona vacantia.
(5) All applications based on prescription are to be countersigned by an officer of the registry who shall declare that he has
examined the facts of the case and believes that there is a prima facie basis for such application.
66. The provisions of the preceding article shall mutatis mutandis apply where the person, claiming to be in the course of acquiring by prescription, or claiming to have acquired by prescription, files
a registrable act that is in conflict with or incompatible to a title, which has not been guaranteed.
2107 of the Civil Code, must apply to be registered as proprietor thereof by filing a registrable act in the prescribed manner.
(2) Notwithstanding any other law, a person claiming to have acquired by prescription, a title to an immovable, or easement or real
right therein, registered with a guaranteed title in the name of another person, shall not be entitled to file the registrable act
in the Registry, unless the whole prescriptive period on which he rests his claim, inclusive of, should this be the case, the period
or periods relative to his predecessors in title, is coterminous with the period during which the title has been registered in the
Registry with a guaranteed title in the name of the present title-holder and, should this be the case, in the name of the latter’s
predecessors in title.
(3) Any interested party may file a caution or another registrable act intended to interrupt prescription, even if this is incompatible
with a guaranteed title or other real right that is guaranteed, so long as the right giving rise to this action develops after the
issue of the guaranteed title.
(4) The provisions of subarticles (1) to (5), both inclusive, of article 65, shall mutatis mutandis apply.
(5) The registrable act filed in virtue of subarticle (1) of this article can never be set up as proof of bad faith on the part
of the applicant, unless where the declaration mentioned in subarticle (5) of article 65 is found to be false or negligently drawn
up.
C 1261
Prescription and unguaranteed titles.
Prescription and guaranteed titles.
Cap. 16.
C 1262
Streets. Cap. 10.
Foreshore.
Government to register within three years.
Conflict with guaranteed title.
Cap. 296. Encroachment
rights.
Provided that any interested person may file for registration of his title to the street, on submitting proof of ownership as provided for in subarticle (2) of article 70.
70.
(2) Within the same period of three years, any person, claiming to have a valid title which is in conflict with the Government’s application, submitted in terms of articles 68 and 69 hereof, shall file an application, accompanied by a declaration signed by an Officer of the Registry, and the registrar shall, unless he is convinced of the claim, refer the matter to the Tribunal.
Commissioner of Land shall file a note in the Central Registry asking the Registrar to annotate on the relative title, even when such
title is a guaranteed title issued in the name of the Government, describing this encroachment and all the terms and conditions related
thereto, and the Registrar shall make an annotation on the title.
(2) Registration of an encroachment right shall not give to the user, any proprietary rights.
(2) In case of any conflict or difference between two or more registrations, or in the case of a caution, or in case the Registrar
refuses an application for a guaranteed title, the Registrar shall, within thirty days of the registration of any conflicting or
different registration or caution or application, call a mediation meeting of all the parties concerned.
(3) If such mediation meeting fails to resolve the conflict or difference, or fails to settle the issue raised by the caution, the
Registrar shall, within fifteen days, refer the matter to the Tribunal set up under this Act. The reference shall be made by the
Registrar who shall, in the reference, identify the conflict or difference in question, or the matter raised by the caution. The
decision of the Registrar to refer the matter to the Tribunal, shall not be subject to appeal or review by any Court.
(2) The Minister shall also appoint a person to act as
Secretary to the Tribunal or Tribunals.
(3) The Legal Officer shall be assisted:
(a) as to matters of fact as result from the register, by any of the persons mentioned in paragraph (b) of subarticle (1) of article
18 of this Act;
C 1263
Mediation and referral to Tribunal.
Central Registry
Tribunal.Functions.
C 1264
Functions.
Procedure before
Tribunal.
(b) as to interpretations of plans, by an Officer of the
Registry holding an architects’ warrant; and
(c) as to interpretations of deeds and roots of title, an Officer of the Registry holding a warrant of Notary Public.
(4) Members of the Tribunal shall be liable to be challenged in the manner as provided in section 734 of the Code of Organization
and Civil Procedure. If any member so abstains, he shall be substituted by another officer or expert as the case may be.
75. (1) The functions of the Tribunal is to gather all the documents relevant to the dispute and any evidence submitted by the
parties either viva voce or through the procedure of affidavit. For this purpose the Tribunal shall have the competence to ex officio call for the submission
from the parties of any document or evidence it may deem expedient for a full disclosure of the issue before it as well as to administer
an oath or take a sworn declaration for the purposes of this Act.
(2) With regard to any order issued by a Court or competent authority, the Tribunal shall have no competence to deal with the merits
of the order itself, but only with its application or registration.
(2) Witnesses can be summoned before the Tribunal by means of a sub-poena. This sub-poena shall be prepared on the required form
by the party requiring the witness, counter-signed by the registrar and filed in the registry of the First Hall of the Civil Court
by the same registrar. Such sub-poena shall be governed mutatis mutandis by the rules regulating the warrant as found in the Code of Organization and Civil Procedure.
(3) Subject to it following the rules of Natural Justice, the Tribunal shall lay down its own procedure, and may even refuse to
hear viva voce evidence if it deems it expedient or to avoid unnecessary delay. The Tribunal shall keep a record of all its proceedings and all
oral evidence is to be taken down in writing. The Tribunal shall be
vested with all the powers which are by law vested in the First Hall of the Civil Court.
(4) At the closure of the hearing, or at such later date as the Tribunal may determine, the Tribunal shall deliver an opinion. In
its opinion the Tribunal shall identify in precise form the nature of the dispute or disputes between the parties and proceed to
give its opinion for the solution of each dispute.
(2) If the matter is referred to the First Hall of the Civil Court, the registrar shall always be made a party to the proceedings
and, once served with the summons, shall proceed to file in the registry of that Court all the records of the proceedings held before
the Tribunal. This record shall, for all intents and purposes of the law, form part of the proceedings before the First Hall of the
Civil Court.
(3) The First Hall of the Civil Court shall have competence to decide not only on all matters discussed and determined by the Tribunal,
but all matters ancillary and related thereto as may be brought before it.
(4) If during the hearing, the Court finds that the referral to it is vexatious, it may order the offending party to pay to the other
parties a penalty not exceeding one thousand liri. The same penalty may be imposed by the Court on the other party where the action
that has given rise to the application is vexatious.
(5) The Court shall not allow the production of any document or any evidence which was not produced before the Tribunal, unless the
Court is satisfied that the document or evidence required arose after the delivery of the opinion of the Tribunal, or that the party
seeking its presentation was not aware and could not reasonably have been aware of such document or evidence. If the Tribunal had
refused to hear the viva voce evidence, the said Court may hear such evidence itself, if it deems it expedient so to do for the resolution of the case before it.
C 1265
First Hall of the
Civil Court.
C 1266
Rectification of register in respect of acts of civil status.
Cap. 16.
Rectification of titles which are not guaranteed.
(6) No appeal shall lie from the decision of the First Hall of the Civil Court.
(2) Where rectification of the register is done pursuant to a claim submitted in virtue of subarticle (2) of article 253 of the Civil Code or where the Registrar was not privy to the fact that gave rise to the rectification, or where the provisions of subarticle (3) of article 82 of this Act apply, no indemnity shall be due.
(2) Such rectification shall include those instances when, in terms of Part 5 of this Act:
(a) there is an order to this effect by the Registrar, following successful mediation between the parties;
(b) following a definitive opinion of the Tribunal, there is no appeal; or
(c) the First Hall of the Civil Court delivers a definitive judgement following an appeal from the Tribunal’s decision.
(3) Where the declaration mentioned in article 49 is not submitted during the ten year period mentioned in article 51, the title,
which is not yet guaranteed, may be rectified on good cause being shown.
Provided that a guaranteed title shall not be rectified if the present title-holder acquired the immovable or other real rights by
an onerous title, and did not know, or had no reason to believe, that his predecessor or predecessors in title, were privy to the
fraud, or negligence in obtaining the guaranteed title.
(2) A guaranteed title shall not be rectified after the lapse of five years from its issue.
(2) Subject as herein provided, a proprietor of any registered immovable or right therein, claiming in good faith under a forged
disposition shall, where the register is rectified, be deemed to have suffered loss by reason of such rectification and shall be
entitled to be indemnified under this Act.
(3) Where the rectification is ordered by the Court but the Registrar, before rectification, reflects the contents of the acknowledgment
mentioned in subarticle (4) of article 27 of this Act, this fact shall be taken into account, and moreover, if the person seeking
rectification is the same person who received the said acknowledgment, no damages shall be due.
(4) A court shall not make an order for the rectification of the register unless the registrar is a party to the proceedings in
respect of which the order is made.
(5) The Registrar shall always give due notice, as may be prescribed, whenever a title is rectified.
C 1267
Rectification of guaranteed titles.
Rectification by consent.
Rectification and indemnity.
C 1268
Acknowledgment and free copy.
Information.
Validity of copies, extracts, etc.
(2) The Registrar shall ensure that, subject to any act dealing with data-protection, enough reports are generated so as to ensure
that the workings of the Registry are transparent and that the register reflects the applications duly filed at the Registry, from
time to time.
(3) Third parties may, subject to the restrictions mentioned herein, seek information, request copies or extracts from the databases
or archives, in the prescribed form, and the registrar shall, in such case, generate a search result, as may be necessary, to ensure
that the information requested is made available.
(4) The Minister may, by regulations prescribe that certain information is privileged, provided that –
(a) matters relating to adoptions, legitimation and fostering, (b) the existence of a will during one’s lifetime, and
(c) any matter which, in virtue of any law relating to data protection law, qualifies as sensitive personal data,
shall be deemed to be privileged and confidential information.
(2) Notwithstanding the provisions of the preceding subarticle, the Registrar shall not be liable for the contents of the copies,
extracts, the registrable act or note, except, as provided in this Act, in so far as a guaranteed title has been issued.
(2) If any person fraudulently procures or attempts to procure or is privy to the fraudulent procurement of any entry on, erasure
from or alteration of the Register, database or archive, or any other document held at the Registry, issued by, or administered by
the Registrar shall be guilty of an offence under this Act.
(3) Any entry, erasure or alteration so made by fraud shall be void, as between all persons who are parties or privy to the fraud
but any other person, suffering loss by reason of any inaccuracy of a certificate, copy, extract or search, even when such inaccuracy
is the result of fraudulent action, shall be entitled to indemnification.
(2) Privileged and confidential information shall, subject to the overriding provisions of the Data Protection Act, be accessible
to:
(a) an Officer of the Registry or advocate, if such information is required for compliance with a legal obligation or necessary
for the publication of a public deed; and
(b) a person carrying out historical, educational and cultural research, provided that if the person on whom information is being
sought is alive, his written consent shall be sought.
(3) Any person may request an official search to establish the state of the register, and this search may be submitted both in respect
of personal registrable rights as well as proprietary registrable rights.
C 1269
Fraudulent entries.
Searches.
Cap. 440
C 1270
Right to indemnity in certain cases.
(4) Any person making a request in terms of subarticle (3) of this article, may, subject to what is prescribed, request that the inquiry be also treated as a priority notice for the purposes of subarticle (4) of article 64.
(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 omission, shall, subject to the provisions of this Act, be entitled to be indemnified under this Act.
(3) Where any person suffers loss by reason of the loss or destruction of any document lodged at the registry or by reason of an
error in any official search, he shall be entitled to be indemnified under this Act.
(4) In addition to any other provision of this Act, no indemnity shall be payable under this Act in any of the following cases:
(a) where the applicant has himself caused or substantially contributed to the loss by his fraud or violence;
(b) where the register is rectified to give effect to an overriding interest;
(c) when the rectification refers to the contents of the note, act or other document filed in the Registry, as distinct from the
title itself;
(d) on account of costs incurred in taking or defending any legal proceedings without the consent of the Registrar;
(e) if the title reflects the contents of the declaration mentioned in article 49 and article 61, without prejudice to any action
that the interested party may take against the Officer making the declaration; and
(f) when the provisions of subarticle (3) of article 79 and subarticle (3) of article 82 apply.
exceed-
(5) Where an indemnity is paid, the amount so paid shall not
C 1271
(a) where the register is not rectified, the value of the right, or interest at the time when the error or omission which caused
the loss was made;
(b) where the register is rectified, the value, if there had been no rectification, of the right or interest, immediately before
the time of rectification.
(6) Unless, in matters relating to proprietary rights, the matter has been decided by the Tribunal, the Registrar may, if the applicant
so desires, and subject to an appeal to the Court of Appeal, determine whether a right to indemnity has arisen under this article,
and, if so, award indemnity. In the event of an appeal to the court, the applicant shall not be required to pay any costs except
his own, even if unsuccessful, unless the court considers that the appeal is unreasonable.
(7) In granting any indemnity the Registrar may have regard to any costs and expenses properly incurred in relation to the matter,
and may add the same to the amount of the indemnity money which would otherwise be payable.
(8) Where indemnity is paid for a loss, the Registrar, on behalf of the Government, shall be entitled to recover the amount paid from
any person who has caused or substantially contributed to the loss by his fraud, violence, negligence or default, and shall be entitled
to enforce any express or implied covenant, warranty or other rights which the person who is indemnified would have been entitled
to enforce in relation to the matter in respect of which indemnity has been paid, and for this purpose, may require the Court of
Appeal mentioned in subarticle (6) of this article, to subpoena the person from whom the Registrar intends to recover the amount
paid by way of indemnity, and in such case, notwithstanding any other law, the Court of Appeal shall subpoena the said person. Such
subpoena shall be governed by the rules regulating the warrant as found in the Code of Organization and Civil Procedure.
(9) Any claim to indemnity under this Act shall be enforceable only 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 time he attains
majority or within five years from the date on which the right to indemnity arises, whichever may be the later date.
C 1272
Insurance fund.
Power to make rules.
(10) This article applies to the Government in like manner as it applies to a private person.
(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, fines and penalties taken in the registry under this Act, as the Minister responsible for finance may, by order, determine.
(3) The insurance fund shall be invested in such 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 subsequently standing to the credit of the insurance fund.
(5) Accounts of the fund shall be kept and be audited as public accounts, in accordance with such regulations as the Minister responsible
for finance may from time to time make.
(2) Without prejudice to the generality of the provisions of subarticle (1) of this article, rules made under this article may
also be made for all or any one or 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 produced in all proceedings in connection with any matter dealt with in this Act;
(c) for regulating the procedure on applications, the documents to be produced and the acknowledgements to be produced;
(d) for empowering the Registrar to order or conduct the survey of any immovable in connection with its registration under this
Act;
(e) for regulating the custody and preservation 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, declaratory or voluntary registration;
(g) for the conduct of official searches, annotations, qualifications, cautions, priority notices, and such matters of a like nature
as may be prescribed;
(h) for prescribing the way any notices required by this Act, are to be given;
(i) 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 warning when encumbrances, notices, and other adverse entries appear on the register;
(j) for prescribing the effect of priority notices;
(k) for providing for any matter ancillary to or consequential to the computerisation of the Registry.
(2) The fee orders relating and incidental to this Act shall be changed from time to time so as to produce, as far as practicable, an amount sufficient to discharge the salaries and other expenses, including the annual contributions to the insurance fund, incidental to the working of this Act.
Fees.
C 1273
C 1274
Penalty.
Repeal of Cap. 56 and Cap. 296 and transitory provision.
92. (1) A person guilty of an offence under this Act shall, on conviction, be liable to imprisonment for a term not exceeding four
years or to a fine (multa) not exceeding five thousand liri, or to both such imprisonment and fine.
(2) All fines and penalties due in virtue of this Act shall be due to the Registrar as a civil debt, constituting an executive
title for the purposes of Title VII of the Code of Organization and Civil Procedure, as if payment of the amount of the fine had
been ordered by a judgement of a court of civil jurisdiction.
(2) The Minister may from time to time by similar Order establish that from such time as may be established in the Order acts heretofore
registerable in the Land Registry shall be registered in accordance with the provisions of this Act in the Central Registry.
(3) Orders made under sub-articles (1) and (2) may be made in relation to particular areas, or in relation to particular acts, notes,
or registrations, or in relation to particular contracts, or in relation to a particular class or classes of contracts.
(4) The provisions of this Act shall not apply to the registration of any act unless an Order under the previous provisions of
this Article has been made in relation thereto.
(5) Where by Orders made under the provisions of the foregoing sub-articles of this article the Minister has made the provision
of this Act applicable to all the acts registerable under the Public Registry Act or under the Land Registration Act, as the case maybe, he may by Order bring into force the provisions of sub-articles (6) and (7) of this article, which articles shall
not come into force until the issue of such an Order as aforesaid.
(6) The Public Registry Act is hereby repealed. (7) The Land Registry Act is hereby repealed.
(8) Upon the coming into force of sub-article (6) or (7), as the case may be, of this article or upon the making of an Order with
respect to any area, act, note, registration, contract or class of persons under sub-articles (1) or (2) hereof, any act which has
been registered under the provisions of the Public Registry Act or the Land Registry Act, as the case may be, or which prior to such
coming into force of the said sub-articles in Order should have been registered in the Public Registry or the Land Registry, where
duly registered, shall be deemed to have been duly registered under this Act, and where no such registration has been made, may be
registered in the Central Registry under the provisions of this Act, and the provisions of this Act shall in all cases apply thereat.
(9) Any action commenced against or by the Director of the Public Registry or the Land Registrar before to enactment of this Act
under the laws referred to in sub-articles (6) or (7) or under any other law shall be continued against or by the Registrar General
under the same procedures and before the same adjudicatory authorities applicable thereto before the enactment of this Act.
(1) Article 253 thereof shall be amended as follows –
(a) in subarticle (1) thereof, for the words “It shall be lawful for”, there shall be substituted the words “Subject to what
is stated in subarticle (2), it shall be lawful”;
(b) subarticle (2) thereof shall be substituted by the following –
“(2) Any person may apply in terms of article 79 of the Central Registry Act, for the registration of the name or names, which name
or names the person shall have used or shall have been used for him by his family, and in respect of which it shall be proved, to
the satisfaction of the officer examining the claim, that such was the name or names by which the person has been consistently called,
in substitution of the name or names appearing on the relative act of birth as the name or names given to the child and the name
or names by which the child is to be called:
Provided that prior to such substitution, a notice is issued in the Gazette, and if an objection is lodged or where the applicant
is unsuccessful, the applicant shall
C 1275
Amendment of the
Civil Code, Cap. 16.
C 1276
be entitled to make an action, by way of appeal, as provided in subarticle (4) hereof.”;
(c) in subarticle (3) thereof, for the words “The action mentioned”, there shall be substituted the words “The application mentioned”;
(d) in subarticle (5) thereof, the words “or in subsection
(4)” shall be deleted.
(2) In article 261, the words “of the Assistant Directors or” and the words “or an Assistant Director” shall be deleted.
(3) Article 306 shall be amended as follows –
(a) in subarticle (1), for the words “Any officer who holds a degree” to the words “who performs duties in the Public Registry”
shall be substituted by the words “Any officer delegated in virtue of subarticle (5) of article 14 of the Central Registry Act”;
(b) in subarticle (2), the words “, without prejudice to the provisions of subsection (4) of this section” shall be deleted; and
(c) subarticles (4) and (5) shall be deleted.
(4) Article 1860 shall be substituted by the following: “1860. If a mandate is granted by a private writing, the
particulars of the mandator and the mandatory have to be such
as to permit that the parties are identifiable. A copy of such private writing shall be deposited with the department, institution
or organisation to which they refer, and such private writing shall be deemed to be extant until the department, institution or organisation
is duly notified by the mandatory, the mandator or any other interested party.”.
(5) In subarticle (2) of article 1863, for the words, “must be expressed.”, there shall be substituted the words “must be
expressed in writing, and enrolled with a public deed, and such fact shall be registered at the Central Registry in terms of article
41 of the Central Registry Act.”.
(6) Immediately after subarticle (3) of article 1887, there shall be added the following new subarticles:
“(3) The revocation mentioned in subarticles (2) and (3) of this article shall only apply as between the mandator and the mandatory,
unless such revocation is duly registered in terms of paragraph (e) of subarticle (1) of article 41 of the Central Registry Act.
(4) Notwithstanding the provisions of any law, all mandates shall only be valid for a period of five years from the date when the
mandate is given, provided that such mandates, which are in force at the time of the coming into force of subarticle (3) hereof,
shall, on pain of nullity, be registered in accordance with the same subarticle, by not later than the 31st December, 2005.”.
(7) In subarticle (2) of article 2012 for the words “established by contract.”, there shall be substituted the words ”established
by contract, provided that where the seller warrants the peaceful possession of the thing sold, the hypothec is deemed to be of a
legal nature and the provisions of paragraph (g) of subarticle (1) of article 41 shall apply.”.
(8) Immediately after subarticle (3) of article 2016, there shall be added the following new subarticle:
“ (4) The further security mentioned in subarticle (1) of this article shall rank as from the date of the general hypothec, even
though the special hypothec registered as further security would, except for the provisions of this subarticle, rank with or after
any other hypothec duly registered in terms of this Code or of the Central Registry Act.”.
(9) The provisions of paragraphs (a) and (b) of Article 2042
shall be substituted by the following paragraphs:–
“(a) the particulars of the creditor, as prescribed, both in sub-paragraph (i) of paragraph (c) of subarticle (1) and in sub-paragraph
(iii) of paragraph (d) of article (iii), of article
28 of the Notarial Profession and Notarial Archives Act;
(b) the particulars of the debtor, as provided in paragraph
(a) hereof;”.
(10) In paragraph (a) of article 2065 for the words “and the year of the registration;”, there shall be substituted the words
“assigned in terms of subarticle (2) of article 58 of the Central Registry Act;”.
C 1277
C 1278
Amendment of the Notarial Profession and Notarial Archives Act,
Cap. 55.
(11) Article 2129 shall be amended as follows:
(a) the present article shall be renumbered as subarticle (1) thereof; and
(b) immediately after subarticle (1) as renumbered there shall be added the following new subarticles:-
“(2) Where, however, the interruption refers to an immovable property, the interruption shall not be deemed to have commenced with
regard to third parties, unless and until a copy of the demand, protest, other judicial act or other procedure imposed by the Civil
Code or any other law, is duly enrolled with a public deed and an application to register such deed is submitted to the Central Registry
in terms of article 27 of the Central Registry Act.
(3) Any person claiming a right registrable in terms of subarticle (2) of this article shall register his claim in the manner provided
for in subarticle (2), by not later than the 31st December,
2005.”.
(12) In subarticle (1) of article 2140 the words “or holds a guaranteed title in terms of article 49 of the Central Registry Act,”
shall be added after the words “for a period of ten years”.
(1) Article 28 thereof shall be amended as follows:-
(a) sub-paragraphs (i), (ii) and (iii) of paragraph (c) of subarticle (1) thereof, there shall be substituted the following:
“(i) the name and surname, the name and surname of father and the name and maiden surname of mother, the place of birth and place
of residence, the profession or calling and the marital status of each of the parties, and the name and surname, and the identity
card number, in numbers only of each of the witnesses and attestors, so however that the full surname, whenever required, shall be
written out in block letters, provided that where any material particular is unknown or cannot be made known with the exercise of
reasonable diligence, the notary shall make a statement of such fact, without prejudice to the provisions of paragraph (d) hereof,
and where the parties to an act or any of them shall not appear personally, but shall be represented by an agent, the same shall
apply with regard to the agents; and
(ii) whenever a notary draws up a deed giving rise to the execution of an act of extraordinary administration as defined in article
1322 of the Civil Code, the notary shall indicate in the deed that he has asked the party or parties to make a declaration stating
which civil law institute applies to their marriage; provided that if the parties have been residing in Malta for at least three
months, it shall be presumed that the community of acquests applies, and in such a declaration, where the property being transferred
is a place of residence, the notary shall include, in such a declaration, a statement indicating whether the residence is the matrimonial
home or not.”;
(b) in subparagraph (ii) of paragraph (f) of subarticle (1) thereof, for the words “as well as a detailed plan” to the words
“ establish its identity:” and the proviso thereto, there shall be substituted the words “so however that if the immoveable,
whether urban or rural, has already been registered at the Central Registry, the registration number mentioned in subarticle (2)
of article 58 of the Central Registry Act, which may be written out in numbers, shall suffice, but where the immovable is not already
registered, or where the act inter vivos does not relate to the immovable as registered or to only a part thereof, an indication of the site juxtaposition and a large scale
plan, as prescribed in terms of the Central Registry Act, shall be annexed to the deed. ”.
(2) Article 50 shall be substituted by the following new article:
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Central Registry Act.
“50. Every notary receiving an act which is registrable under the Central Registry Act shall file the relative note in tems of
articles 27 and 30 of the said Act, provided that no two notes may be typed or printed on the same page.”.
(3) Article 110 thereof shall be amended as follows:–
(a) in subarticle (1), for the words “and the Public Registry shall be exercised by a special court called the “Court of Revision
of Notarial Acts” ”, there shall be substituted the words, “and the Central Registry, shall be exercised by a Committee, to
be known as Supervisory Committee, and such Committee shall, in addition to the functions assigned to it in terms of the Central
Registry Act, also function as a special court, to be called the “Court of Revision of Notarial Acts”;
(b) for subarticle (2) thereof, there shall be substituted the following:–
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“(2) The Committee shall consist of such members, called Visitors, as the Minister responsible for notarial affairs may appoint
for such period as may be specified in their appointment. The Visitors, one of whom shall be appointed Chairman, shall be appointed
from among such public officers or other persons as the Minister may deem fit:
Provided that a notary public shall not be appointed a Visitor unless he has resigned his office as provided in paragraph (d) of article 14 of this Act.”; and
(c) in subarticle (3) thereof, for the words “one of whom at least shall be a retired judge or a retired magistrate” there
shall be substituted the words “one of whom shall be the Chairman”.
(4) Article 114 thereof shall be substituted by the following new article:–
“114. The Secretary mentioned in subarticle (4) of article
21 of the Central Registry Act shall act as Registrar of the said Court of Revision and shall take part in its sittings.”.
Amendment of the Code of Police Laws, Cap. 10.
(2) Immediately following the words “PART II, OF STREETS’ there shall be added the following new article:-
“20A. (1) All the streets and alleys, including those linking two existing roads but not those leading to an internal development,
shall for all intents and purposes be deemed to be public roads.
(2) For the purposes of article 20B hereof, streets are described as non-government owned only in so far as the mutual rights and
duties, as between those who, were it not for the provisions of article 20A of this Code would be considered as owners thereof, and
the Government are concerned.”.
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The Central Registry Bill aims at consolidating into one law the separate pieces of legislation relating to the Public Registry and
Land Registration operations, thereby eliminating the dichotomy between the two. In line with Government’s strategic objective
of improved service delivery, the Bill establishes a one-stop central registration system for all matters concerning both property
and civil status. The Bill also gives a legal basis to the functions carried out by the Civil Registration Department, in so far
as the registration of acts and the common database administered by the Department are concerned.
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URL: http://www.worldlii.org/mt/legis/laws/tcra2003n16288