LAND REGISTRATION ACT

LAND REGISTRATION

CHAPTER 296

LAND REGISTRATION ACT

To establish a Land Registry to regulate the registration of title to land, and to make

provision for matters incidental thereto or connected therewith.

1st March, 1982;

15th November, 1982

ACT XXXV of 1981, as amended by Acts VIII of 1982, XI and XIII of 1983, IV of 1985,

XII of 1989, VIII of 1990, XXI of 1993, VII and XXIV of 1995, VI of 1996 and XIII of

2004; Legal Notice 423 of 2007 and Act XXXVIII of 2021.

The short title of this Act is the Land Registration Act.

In this Act, unless the context otherwise requires -

"charge" means a special privilege over immovables and a

special hypothec, including a special hypothec derived from a

general hypothec whether legal, judicial or conventional;

"compulsory registration area" means any area in Malta declared

by the Minister to be a registration area under article 10 and

includes any area declared or deemed to be a registration area by or

under any other law;

"declaratory registration area" means any area in Malta declared

as such by the Minister in virtue of articles 15 or 16;

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

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

Act applies as if it were so situated;

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

Registry in accordance with article 4;

"Minister" means the Minister responsible for Land Registry;

"overriding interests" means the interests described as such in

article 43;

"person" includes a physical or legal person, whether such

person is corporate or unincorporate;

"prescribed" means prescribed by rules under this Act;

"register" includes the day-book containing the progressive

number of applications submitted, the register of titles or the

register of charges, and any other document on which annotations

are to be made in virtue of this Act, and "registered" shall be

construed accordingly;

"registrar" means the Land Registrar and any assistant registrar

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

the Land Registrar;

"registration area" means a compulsory registration area or a

declaratory registration area as the case may be;

"transfer", when used in relation to a charge, includes the

subrogation in the right of the proprietor of the charge.

PART II

ADMINISTRATIVE PROVISIONS

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

Registry for the purposes of registration of titles to land.

(2)

The Land Registry shall consist of two branches, one in the

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Island of Malta where the titles to land in that island shall be

registered, and the other in Gozo where the titles to land in Gozo

and Comino shall be registered.

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

public officer who shall be appointed for that purpose and shall be

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

registrars, clerks and other employees) as may from time to time be

deemed to be required.

(2) A person shall not be qualified to be appointed Land

Registrar unless he is an advocate or a notary public of not less than

seven years’ standing.

(3) A person shall not be qualified to be appointed assistant

registrar unless he is an advocate or a notary public or a legal

procurator of not less than three years’ standing.

(4) During any vacancy in the office of the Land Registrar, all

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

law assigned to or conferred on the Land Registrar shall be

exercised by an assistant registrar designated by the Minister to act

as Land Registrar and all acts done by an assistant registrar so

designated shall have the same effect in all respects as if they had

been done by the Land Registrar.

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

Registrar shall conduct the whole business of registration under

this Act and shall frame 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.

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

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

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

revoke or vary such delegation

Provided that no such delegation shall be deemed to divest

the Land 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 assistant registrar so delegated.

(1) The registrar may 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 proper 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 land to produce such map,

survey, book or other document for his inspection; and he may

examine upon oath any person appearing before him and administer

an oath accordingly.

(2) 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,

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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 a

registrar under the powers of this Act, he shall be guilty of an

o ff e n c e a n d s h a l l b e l i a b l e , o n c o n v i c t i o n b y t h e C o u r t o f

Magistrates, to a fine (multa) not exceeding two hundred and

thirty-two euro and ninety-four cents (232.94).

Notwithstanding the provisions of any law enjoining

secrecy, a government department shall, within the prescribed time,

furnish to the Land Registrar on his request such particulars and

information in regard to land and charges as he is by law entitled to

require owners of property to furnish to him direct.

(1) The Land Registrar shall not, nor shall an assistant

registrar nor any person acting under the authority of the Land

Registrar or an assistant registrar, or under any order or general

rule made in pursuance of this Act, be liable, in damages or

otherwise, to any action or proceeding for or in respect of any act

or matter done or omitted to be done in good faith and with

ordinary diligence in the exercise or supposed exercise of the

powers of this Act, or any order or general rule made in pursuance

of this Act.

(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.

There shall be a seal of the Land Registry and any

documents purporting to be sealed with that seal shall be

admissible in evidence and, unless the contrary is shown, shall be

deemed, without further evidence, to be issued by or under the

direction of the Land Registrar.

PART III

REGISTRATION OF LAND

Compulsory Registration

(1) The Minister shall, from time to time, by order in the

Gazette, declare areas in Malta to be registration areas, and shall

define such areas by reference to a map included in the order and in

such other manner as he may deem appropriate, and such areas

shall be known as compulsory registration areas.

(2) Where land is registered under the provisions of article

12(2), article 14(2), articles 15, 16, 16A or 17 that land shall

henceforth be deemed to be a compulsory registration area.

(3) The Minister may also declare an area to be partly a

compulsory registration area and partly a declaratory registration

area, and moreover the same area may be declared to be such a

registration area for giving effect to all or any of the purposes and

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provisions of this Act.

The provisions of article 996 of the Civil Code and of

article 239 of the Code of Organization and Civil Procedure, as

well as any other provision of those Codes or of any other law

relative to the registration of certain transfers in the Public

Registry, and which is inconsistent with this Act, shall cease to be

operative in respect of land situated in any registration area, and in

respect of land that has been registered

Provided that the provisions of article 22 of the Land

Acquisition (Public Purposes) Ordinance, shall have effect

notwithstanding any provision of this Act, and this Act shall apply

and be construed so as to give full effect to the provisions of the

Ordinance aforesaid.

(1) In any registration area -

(a) every contract conveying the ownership of immovable

property, or any real right over such property including

transactions relating to immovable property under

trusts, or whereby any act having the effect of

conveying the ownership of immovable property or

any real right over such property, is dissolved,

rescinded or revoked, and every contract creating or

varying such right or whereby any such right is

converted into any other of such rights or is waived,

and every contract whereby immovable property is

partitioned, and every act having a declaratory effect

as to the ownership of, or any real right over,

immovable property (including a deed made for a

purpose of the Duty on Documents and Transfers Act,

and an inventory drawn by a trustee accepting a

testamentary trust and a unilateral declaration of trust

with regard to additional trust property, but excluding

any other deed of inventory), and every contract of

antichresis; and

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

conveying the ownership of immovable property, or

any real right over such property, is dissolved,

rescinded or revoked, or which directly adjudges the

transfer of the ownership of immovable property, or of

any real right over such property, or which has the

effect of creating a hypothec, and every hypothec

arising by operation of law; and

(c) every conveyance of immovable property by judicial

sale, and every redemption of groundrent effected in

accordance with article 1501 of the Civil Code,

in so far as the land comprised in the contract, judgment, judicial

sale or in the schedule of redemption or affected by the hypothec is

situated within a registration area, shall, in no case, commence to

be operative, with regard to third parties, until and unless the title

to the land conveyed or affected, whether beneficially or adversely,

by any contract, judgement, judicial sale, redemption or hypothec

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as aforesaid, is registered in the day-book in the manner prescribed.

(2) Without prejudice to the provisions of article 17(3), the

registrar may, in his discretion, likewise register the title to land

situated outside a registration area and comprised in any contract,

judgment, judicial sale or redemption as aforesaid or affected by

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

such entries in the register as are appropriate; and where land is so

registered this Act shall apply thereto as if it were situated in a

registration area.

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

to in article 12(1)(a), and to which that article applies, shall, within

fifteen days from the date of the deed, apply, in the manner

prescribed, for the registration of the title to the land affected and

for the appropriate entries to be made in the register.

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

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

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

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

(ammenda) not exceeding forty-six euro and fifty-nine cents

(46.59)

Provided that a notary public shall be deemed to have

complied with the requirements of this article if, in the meantime,

an application for registration as aforesaid shall have been filed in

the registry by any party interested or by a notary or an advocate or

legal procurator on behalf of any such party.

(3) Where under article 12 the title to land is to be registered

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

or a judicial sale or redemption or a hypothec created by operation

o f l a w, a p p l i c a t i o n t h e r e f o r s h a l l b e m a d e , i n t h e m a n n e r

prescribed, by any party interested or by an advocate, or a notary

public or a legal procurator, on behalf of any such party

Provided that no such application shall be entertained until it

is certified by the Registrar of Courts that the judgment has become

res judicata or that the adjudication is final.

(1) On the opening of the succession of any person, the

title to land comprised in the transmission and situated in any

registration area shall, unless it is already so registrable in virtue of

article 12, be registered in the name of the persons in whose favour

such land may have passed, on an application made in the

prescribed manner, and any disposal or partition of such land or any

dealing therewith shall not be entered into before the title thereto

has been registered, and in the case of a declaration of the opening

of a succession in virtue of article 536 of the Code of Organization

and Civil Procedure, the court shall order the applicant to make

such registration within fifteen days from the declaration, and

appoint a curator, so that in the absence of such registration by the

applicant, such registration shall be made by the curator so

appointed at the expense of the applicant.

(2)

Without prejudice to the provisions of article 17(3), the

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registrar may, in his discretion, extend the provisions of sub-article

(1) to any land situated outside the aforesaid registration area and

comprised in a transmission which includes land situated in the

aforesaid registration area; and where that sub-article is so

extended the registrar shall register such land and this Act shall

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

(1) The Minister may from time to time, by order in the

Gazette direct that any title to land shall be registered whether such

land is or is not in a registration area.

(2)

The Minister may make such order either

(a) with reference to particular areas which shall be

defined 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

land.

(3) The Minister may in any such order direct that such

registration shall be made within a period to be fixed in the order,

which period shall in no case be of less than three months.

(4) Where land is registered by virtue of this article, this Act

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

(5)

Any person who -

(a) fails to comply with an order made by the Minister in

virtue of sub-article (1); or

(b) in the course of any proceedings before the registrar or

a court in pursuance of this Act, and in relation to any

land which is to be registered pursuant to an order

made by the Minister in virtue of sub-article (1), with

intent to conceal the title or claim of any person, or to

substantiate a false claim, suppresses, attempts to

suppress, or is privy to the suppression of, any

document or fact; or

(c) in relation to any land which is to be registered

pursuant to an order made by the Minister in virtue of

sub-article (1), fraudulently procures, or attempts

fraudulently to procure, or is privy to the fraudulent

procurement of, any entry on, erasure from or

alteration of, the register or any certificate or

document,

shall be guilty of an offence against this Act and, on conviction,

shall be liable to the penalties established under sub-article (6).

(6) The Minister may in any order made in virtue of sub-article

(1) establish the penalties to which a person guilty of an offence in

accordance with sub-article (5) in relation to such order shall be

liable; such penalty shall not be more severe than those established

in article 58.

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(7) The provisions of this article shall be deemed to have been

complied with if the application is submitted by any interested

party.

(1) The Minister may, from time to time, by order in the

Gazette, direct that the rights referred to in any of the paragraphs of

article 43(1)(a) to (l) shall be declared to the registrar, whether the

land subject to such rights is or is not in a registration area and

whether such land is registered or not.

(2)

The Minister may make such order either

(a) with reference to particular areas which shall be

defined 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

whose land is subject to any right referred to in sub-

article (1); or

(c) with reference to any person or group of persons in

whose favour or in favour of whose land any right

referred to in sub-article (1) exists.

(3) The Minister may in any such order direct that such

declaration shall be made within a period to be fixed in the order,

which period shall in no case be less than three months.

(4) The declaration referred to in sub-article (1) shall be made

on such form issued by the registrar as is provided in article 5(1)

and shall be accompanied by such information and documents as

the registrar may require.

(5) The registrar shall keep a roll of, or otherwise enter in the

register, the declarations made in pursuance of sub-article (1).

(6) The Minister may in any such order provide that any person

in whose favour any right declared to the registrar has been

transferred shall, within fifteen days from such transfer, give notice

thereof to the registrar on such form issued by the registrar as is

provided in article 5(1); and the registrar shall note such transfer in

the manner provided in sub-article (5).

(7) The provisions of article 15(5), (6) and (7) shall mutatis

mutandis apply to an order made by the Minister under this article.

(1) Where land or a share in such land, or any rights in or

over it are registerable or declarable in virtue of the provisions of

article 15 or 16, and the owner or presumed owner is unable or

unwilling to apply for its registration within the time prescribed,

the registrar shall, without prejudice to any liability incumbent on

any person under the said articles, register such land or make the

appropriate declaration on behalf of unknown owners and such land

shall be administered by the Government on behalf of such

unknown owners. The Commissioner of Land shall each year

publish a list of such property in the Gazette.

(2) Where land is registered or declared on behalf of unknown

owners by the registrar, he shall also register any charges, cautions,

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servitudes or other overriding interests, or any other right

registerable in accordance with this Act as may affect such land and

of which he may be aware.

(3) The provisions of article 23 shall apply to any registration

or declaration made in virtue of sub-articles (1) and (2).

(4) Upon the lapse of thirty years, unless the registration shall

have been successfully challenged in terms of sub-article (3), such

land shall be registered with guaranteed title in favour of and in the

name of the Government of Malta, free and unencumbered except

for such charges, cautions, servitude or other overriding interests or

other rights that were duly registered in accordance with sub-article

(2)

Provided that if the charge, caution, servitude, other

overriding interest or any other registerable right is in favour of

land which is itself registered on behalf of unknown owners, but

with reference to such land, the period of thirty years mentioned in

this sub-article has not yet elapsed, then the servient land shall be

registered as subject to such charge, caution, servitude, other

overriding interest or other right, which shall be extinguished only

when the period of thirty years as established in this sub-article

elapses also in respect of the dominant land.

(5) Rights registered on behalf of unknown owners shall in like

manner pass in favour of the Government upon the lapse of thirty

years from their declaration.

(1)

In addition to any other powers that the Minister has

under articles 10, 15 and 16, as well as under any provision of this Act,

the Minister shall have the power to cancel an order which has been

given under articles 10, 15 and 16 of this Act, with effect from the date

on which the order for cancellation is published in the Gazette.

(2)

Where an order for cancellation is made as provided in sub-

article (1), all such registrations made by virtue of the cancelled order

shall be deemed cancelled and ineffective, except for those

registrations that led to a guaranteed title in accordance with articles

21 to 25 of this Act, both articles included.

(3) Any caution, hypothec, privilege or other right in connection

with a registration cancelled in accordance with sub-article (2) shall

also be deemed to be cancelled and ineffective.

Voluntary Registration

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

prescribed and without prejudice to the provisions of article 12(2)

and of article 14(2), the registrar may, in his discretion, and either

on his own initiative or on an application in that behalf, register the

title to any land, whether such land is or is not in a registration

area; and in any such case he shall make such entries as may be

appropriate.

(2)

Where land is registered by virtue of this article, this Act

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

(3) No land may be registered under this article if such land is

subject to a cancellation order issued in accordance with article

16B. Preliminaries to Registration

The examination by the registrar of any title under this Act

shall be conducted in the manner prescribed

Provided that -

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

notice is prescribed, and sufficient opportunity shall be

afforded to any persons desirous of objecting to state

their objections to the registrar; and

(b) the registrar shall have jurisdiction to hear and

determine any such objections subject to an appeal to

the Court of Appeal in the prescribed manner and on

the prescribed conditions; and

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

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

nevertheless a title the holding under which will not be

disturbed, he may approve of such title, or may require

the applicant to apply to the court, upon a statement

signed by the registrar, for its sanction to the

registration.

(1) Before the completion of the registration of any title to

land in respect of which an examination is required, the applicant

for registration and his legal advisor shall each, if required by the

registrar, make a sworn declaration that, to the best of his

knowledge and belief, all deeds, wills and other documents and all

charges and encumbrances affecting the title which is the subject of

the application, and all facts material to such title, have been

disclosed in the course of the investigation of title made by the

registrar, and he may further be required by the registrar to state

what means he has had of becoming acquainted with the several

matters referred to in this article.

(2) Where an application for registration is incompatible with a

title which is already registered in the registry in such manner that

the registration cannot be effected, the applicant may lodge a

caution and the provisions of Part V of this Act shall apply thereto,

unless the land is registered with a guaranteed title, in which case

the applicant may only seek the rectification of the register.

(1) All costs, charges and expenses that are incurred by

any party in or about any proceedings for registration shall be taxed

by the registrar who shall also, in his discretion, unless the parties

agree otherwise, determine by order in writing the persons by

whom and the proportions in which such costs, charges and

expenses are to be paid, regard being had to the following

provision, namely, that any applicant under this Act is liable prima

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facie to pay all costs, charges and expenses incurred by or in

consequence of his application, except -

(a) in a case where the rights of the parties who object are

sufficiently secured without their appearance; and

(b) where any costs, charges or expenses are incurred

unnecessarily or improperly.

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

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

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

by the court.

Effects of Registration

(1) On the application for first registration of land, charge

or other registerable right, whatever the title under which such

land, charge or right has passed to the person applying for

registration, the Registrar shall issue to that effect a certificate for

the title to that land, charge or other registerable right, according to

the title under which the land, charge or right has passed to that

person.

(2) Where land is according to any other law to be registered

with a guaranteed title, or where land is to be registered in favour

of the Government of Malta, or where registration is sought

pursuant to a transfer by the Government of Malta, it shall be

registered with a guaranteed title.

(3) Where land is registered, it shall be deemed to have been so

registered with effect from the date on which the application for

registration has been entered in the daybook.

The registration of any person as proprietor of land with a

guaranteed title shall confer on the person so registered an

indefeasible title thereto, that is to say, a title not liable to be

defeated except as provided in this Act, together with all rights,

privileges and appurtenances belonging or appurtenant to the land,

subject to the following rights and interests, that is to say -

(a) subject to the encumbrances and other interests, if any,

appearing on the register; and

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

to such overriding interests, if any, as affect the

registered land; and

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

implied and express covenants, obligations and

liabilities incident to the registered land,

but free from all other rights and interests whatsoever

Provided that if the Minister, in virtue of the provisions of

article 16, directs that any or all of such rights or overriding

interests shall be registered, the provisions of this article shall not

apply with regard to those rights or interests which have to be

registered but are not so registered.

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(1) The registration of any person as proprietor of land

with a title which is not a guaranteed title shall not affect or

prejudice the enforcement of any right or interest adverse to or in

derogation of the title of the first registered proprietor and

subsisting or capable of arising at the time of the first registration

of the land; but, save as aforesaid, shall have the same effect as

registration with an absolute title.

(2) Without prejudice to articles 16A and 46, the registrar

shall, unless an application for the interruption of prescription or

other caution having the same effect has been lodged, convert the

title into a guaranteed title on the lapse of ten years from first

registration.

(1) Where on the examination of the title it appears to the

registrar that the title can be established only for a limited period,

or is owned under trusts or is subject to a condition or to certain

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

except from the effect of registration any right or interest arising

before a specified date or under a specified instrument or otherwise

particularly described in the register.

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

qualified in terms of this article shall have the same effect as the

registration of such person with a title, or a guaranteed title, as the

case may be, save that such registration shall not affect or prejudice

the enforcement of any right or interest appearing by the register to

be excepted.

The following persons only may be registered as

proprietors of land, that is to say -

(a) the owner, a trustee, 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 land 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 protected on the

register.

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PART IV

DEALINGS WITH REGISTERED LAND

Dispositions of Land

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

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

upon such transfer an application shall be submitted within fifteen

days from the date of deed of transfer, the notary publishing the

deed shall make a reference therein to the certificate of title number

whereby the transferred land is registered; and where a notary fails

to make such reference, an extra fee for the registration of such

transfer as may be prescribed, shall be due by such notary.

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

thereof shall be completed by the registrar entering, on the

certificate, the transferee as the proprietor of the rights transferred

on application made in virtue of sub-article (1); and where part only

of the land is transferred, this shall also be noted, and separate

certificates showing the different parts owned shall be issued: and

the provisions of article 21(3) shall apply mutatis mutandis to the

registration of such transfers.

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

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

land or part thereof, shall, subject to the provisions relating to

charges, be completed by registration in the same manner and with

the same effect as provided by this Act with respect to transfers of

registered rights; and notice thereof shall also be noted on the

register

Provided that nothing in this sub-article shall authorise the

registration of a lease or shall render necessary the registration of

any easement except as appurtenant to registered land, or the entry

of notice thereof except as against the registered title of the

servient land.

(1) A disposition of land registered with a guaranteed title,

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

registered as proprietor, shall, when registered, confer on the

person in whose favour the disposition is made an indefeasible title

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

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

appurtenances belonging or appurtenant to the land, subject -

(a) to the encumbrances and other interests, if any,

appearing on the register; and

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

overriding interests, if any, affecting the land or right

transferred or created; and

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

and express covenants, obligations and liabilities

incident to the land or right transferred or created,

but free from all other interests whatsoever.

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(2) A disposition of land registered with a guaranteed title

qualified in terms of article 24, or of any right thereon in respect of

which the holder may be registered as proprietor, shall, when

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

been registered with a guaranteed title, save that such disposition

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

appearing by the register to be excepted.

(3) A disposition of land registered with a title which is not a

guaranteed title, or of any right thereof in respect of which the

holder may be registered as proprietor, shall not affect or prejudice

the enforcement of any right or interest adverse to or in derogation

of the title of the first registered proprietor and subsisting or

capable of arising at the time of the registration of such proprietor;

but, save as aforesaid, shall, when registered, have the same effect

as it would have had if the land had been registered with a

guaranteed title

Provided that where the land was registered with a title,

which is not a guaranteed title, qualified in terms of article 24, such

dispositions shall not affect or prejudice the enforcement of any

right or interest appearing in the register to be excepted.

Charges on Land

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

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

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

registered; and registered land may be charged by operation of law

or of a judgment in the same manner and to the same extent as if the

land had not been registered

Provided that a charge shall not be registered unless the land

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

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

operation of law or of the judgment, described by reference to the

register or in any other manner sufficient to enable the registrar to

identify the same without reference to any other document.

(2)

Any provision contained in a charge which purports to -

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

transferring it by registered disposition or of requiring

the cessation thereof to be noted on the register; or

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

which the charge is to be expressly registered,

shall be void.

(1) Land situate in a registration area, but which has not

been registered, may, subject to the following provisions of this

article, be charged by agreement, by operation of law or by

judgment to the same extent and in the manner as if that land had

been registered.

(2) A charge registered in accordance with sub-article (1) shall

be subject to the condition that on the date of the application for its

registration, the debtor was an owner of the land subject to such

LAND REGISTRATION

charge and was not in any way incapacitated from charging the

land, and shall affect the land subject to it only to the extent that the

debtor is the owner of, or has an interest in, such land.

(3) Subject to the provisions of sub-article (2), a charge

registered in accordance with sub-article (1) shall affect any person

acquiring the land to the same extent and in the same manner as if

such land had been registered and that charge had been a charge in

respect of that registered land.

(4) When the registrar receives an application for the

registration of the land subject to the charge registered in

accordance with sub-article (1), he shall, if the person applying for

the registration is the debtor referred to in the charge or derives

title from such a debtor who was the owner of such land and to the

extent of such ownership, register the charge as a charge on the title

to the land so registered.

(5) Without prejudice to the foregoing provisions of this

article, a charge registered in accordance with sub-article (1) shall

have the same effect as a caution lodged with the registrar to the

effect that the land subject to the charge shall not be registered for

the first time in favour of any person until notice has been served

upon the proprietor of the charge; and article 35(3) and article 37

shall apply to a proprietor of a charge registered in accordance with

sub-article (1) as they apply to a cautioner.

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

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

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

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

registered with a title which is not a guaranteed title or with a title

qualified in terms of the provisions of this Act, the charge shall

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

registered with such a title.

A charge shall not affect a person acquiring any

registered land or right thereon unless the charge is protected by an

entry on the register. Where such entry is made it shall be deemed

to have been made on the date on which the application therefor has

been entered in the day-book.

Subject to the provisions established by law and to any

entry to the contrary on the register, registered charges on the same

land shall, as between charges of the same kind and not enjoying

any intrinsic priority, rank according to the order of the progressive

number relative thereto in the day-book.

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

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

under the provisions of the Public Registry Act, and the provisions

of article 12 shall also apply to such transfers.

(2) The transfer shall be completed by the registrar entering on

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

of so much of the charge as is transferred, and the Registrar shall

issue a charge certificate specifying the details relative to such

LAND REGISTRATION

charge in the prescribed manner, and he shall also annotate the

charge number on the certificate of title when this is completed.

(3) The provisions of article 26 shall, mutatis mutandis, apply

to transfers of charges under this article.

(1) The registrar shall, on the requisition of the proprietor

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

whole or partial, thereof, notify on the register in the prescribed

manner, by cancelling or varying the original entry or otherwise,

the cessation, whole or partial, of the charge, and thereupon the

charge shall be deemed to have ceased, in whole or in part,

accordingly.

(2) Charges shall be extinguished in the same manner as is

provided in the Civil Code for the extinction of hypothecs and

privileges.

Transmission of Registered Land and Charges

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

of anyone of the proprietors, the successor or successors shall be

entitled to be registered as proprietor or proprietors in his place.

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

registered land or charge in consequence of the opening of

succession of any proprietor shall be proved in such manner as the

registrar may determine.

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

under this article may be qualified in the same manner as is

provided in article 24 even if the land is registered without such

qualification.

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

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

or on the taking of religious vows.

PART V

CAUTIONS

(1) Any person having or claiming such an interest in land

which is not already registered or in respect of which no

application for first registration has yet been made, as entitles him

to object to the registration of a right over the land affecting the

interest of the cautioner may lodge a caution with the registrar to

the effect that no registration of such right is to be made until

notice has been served upon the cautioner.

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

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

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

may be prescribed.

(3) After any such caution against registration has been lodged

in respect of land not already registered, registration shall not be

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made of such right 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 may

first happen.

(1) Any person -

(a) having or claiming an unregistered real right over land

registered in the name of any other person; or

(b) who has lodged a demand for the declaration of

bankruptcy of a registered proprietor of land or of a

charge; or

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

incapacitation of a registered proprietor of land or of a

charge; or

(d) who, being the spouse of a registered proprietor of

land or a charge, requires to protect any right over the

registered land or charge, arising in virtue of any law

regulating matrimonial relationship; or

(e) who, having entered into a written promise of sale or

emphyteusis with the registered proprietor regarding

any such land,

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

disposition of such land or charge on the part of the proprietor is to

be registered until notice has been served upon the cautioner.

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

stating the nature of the interest of the cautioner, the land to be

affected by such caution, and such other matters as may be

prescribed.

(3) After any such caution against dealings has been lodged in

respect of any registered land or charge, the registrar shall not,

without the consent of the cautioner, register any disposition or

make any entry on the register for protecting the rights acquired

under any dealing by the proprietor with such land or charge until

he has served notice on the cautioner, warning him that his caution

will cease to have any effect after the expiration of the prescribed

number of days next following the date at which such notice is

served; and after the expiration of such time as aforesaid the

caution shall cease unless an order to the contrary is made by the

registrar, and upon the caution so ceasing the registered land or

charge may be dealt with in the same manner as if no caution had

been lodged.

(4) If, before the expiration of the said period, the cautioner, or

some other person on his behalf, appears before the registrar, and,

where so required by the registrar, gives sufficient security to

indemnify every party against any damage that may be sustained by

reason of any dealing with the registered land or charge, or the

making of such entry as aforesaid, being delayed, the registrar may

thereupon, if he thinks fit to do so and after giving any directions

he may deem necessary or expedient, delay registering any dealing

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with the land or charge or making any such entry for such period as

he thinks just.

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

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

Appeal in the prescribed manner.

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

prejudice the claim or title of any person and shall have no effect

whatever except as in this Act mentioned.

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

reasonable cause, he shall be liable to make to any person who may

h a v e s u s t a i n e d da m a g e b y t h e l o d g i n g o f t h e c a u t i o n s u c h

compensation as may be just.

(4) Saving the provisions of the last foregoing sub-article, a

cautioner may apply to withdraw a caution at any time.

(5) A person shall not be deemed to have registered a caution

without reasonable cause for the purposes of sub-article (3), 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 land

which ought not to have been so included.

(6) 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.

PART VA *

PART VI †

LAND REGISTRATION

PART VII

GENERAL PROVISIONS CONCERNING REGISTRATION

(1) Meta jiġi fis-seħħ it-tħassir tat-Taqsimiet VA u VI ta’ dan l-Att

(30 ta’ Ġunju,1995), ebda applikazzjoni għal ipoteka kawzjonali ma għandha

tintlaqa’, u kull ipoteka kawzjonali reġistrata fir-Reġistru ta’ 1-Artijiet qabel il-

bidu fis-seħħ tal-imsemmi tħassir għandha titqies bħala ipoteka reġistrata skont

1-artikolu 28A ta’ dan 1-Att.

(2)

I`-Certifikati tal-Art u ta’ 1-Ipoteki kollha maħruġa qabel it-30 ta’

Ġunju, 1995, għandhom ikunu ammissibbli f’xiehda biss bħala li huma prova

tal-kontenut tagħhom fid-data li jkunu nħarġu.

(3)

Meta qabel il-bidu fis-seħħ tas-subartikolu (1) tal-artikolu 14 ta’ dan

1-Att (30 ta’ Ġunju, 1995), fil-ftuħ ta’ su``essjoni ta’ xi persuna, it-titolu ta’ 1-

art inkluża fil-wirt u sitwata f’xi area ta’ reġistrazzjoni ma tkunx ġiet reġistrata

f’isem il-persuni li favur tagħhom dik 1-art setgħet għaddiet, għandha titqies

illi d-dispożizzjonijiet ta’ 1-artikolu 14 tal-Att dwar ir-Reġistrazzjoni tal-

Artijiet (Kap. 296), kif kienu fis-seħħ qabel il-bidu fis-seħħ ta’ l-imsemmi

subartikolu (1) tal-artikolu 14 ta’ dan 1-Att, ma kinux japplikaw għal dik 1-art

Iżda r-Reġistratur tal-Artijiet jista’, wara li jagħti avviż kif jidhirlu xieraq,

jirreġistra dik l-art f’isem il-persuni li favur tagħhom dik l-art setgħet għaddiet

jew f’isem is-su``essuri tagħhom fit-titolu, skont id-dispożizzjonijiet tal-Att

dwar ir-Reġistrazzjoni tal-Artijiet (Kap. 296) kif emendat bl-Att VII tal-1995, u

d-dispożizzjonijiet tal-Att dwar ir-Reġistrazzjoni tal-Artijiet (Kap. 296) li

jagħtu s-setgħa lill-imsemmi reġistratur li jitlob persuna tipprodu`i xi

dokument jew tagħrif għandhom japplikaw ukoll għall-finijiet ta’ dan il-

proviso.

(4)

It-titoli għall-art reġistrata bis-saħħa tal-Avviż Legali Numru 37 tal-

1983, u elenkati fis-subartikolu li ġej wara dan l-artikolu għandhom jitqiesu li

ġew debitament u regolarment reġistrati skont id-dispożizzjonijiet ta’ 1-Att

dwar ir-Reġistrazzjoni tal-Artijiet (Kap. 296) u kull transazzjoni ta’ dik l-art

wara l-bidu fis-seħħ ta’ dan is-subartikolu (30 ta’ Ġunju, 1995) għandu jkun

reġistrabbli fir-Reġistru tal-Artijiet bħallikieku dik l-art kienet sitwata f’area

ta’ reġistrazzjoni

Iżda kull trasferiment jew ipoteka dwar dik l-art reġistrata fir-Reġistru

Pubbliku wara 1-ħruġ tal-imsemmi Avviz Legali u qabel it-30 ta’ Ġunju, 1995,

għandu jitqies li huwa ta’ interess li jipprevali u d-dispożizzjonijiet tal-artikolu

43 ta’ 1-Att dwar ir-Reġistrazzjoni tal-Artijiet (Kap. 296) għandhom japplikaw

għalih.

(5)

It-titoli tal-art li għalihom is-subartikolu (4) japplika huma dawn li

ġejjin

Ċ e r t i f i k a t i t a ’ Ti t o l u N u m r i 5 4 7 2 0 0 0 0 1 , 5 4 7 2 0 0 0 0 2 , 5 4 6 9 0 0 0 0 3 ,

567300008, u minn 547400004 sa 547400007 (iż-żewġ numri nklużi).

(6)

Meta qabel it-30 ta’ Ġunju, 1995, titolu kwalifikat ġie maħruġ mir-

reġistratur skont id-dispożizzjonijiet tal-Att dwar ir-Reġistrazzjoni ta’ Artijiet

(Kap. 296), kif fis-seħħ qabel it-30 ta’ Ġunju, 1995, għandu jitqies li huwa

titolu reġistrat skont id-dispożizzjonijiet korrispondenti tal-Att dwar ir-

Reġistrazzjoni ta’ Artijiet (Kap. 296) kif emendat bid-dispożizzjonijiet tal-Att

VII tal-1995, ikkwalifikat skont l-artikolu 24 tal-Att dwar ir-Reġistrazzjoni ta’

Artijiet (Kap. 296), kif emendat bid-dispożizzjonijiet tal-Att VII tal-1995.

(7)

Kull titolu assolut u kull titolu ta’ pussess reġistrati qabel it-30 ta

Ġunju, 1995, għandhom jitqiesu li huma titolu garantit u titolu li mhux garantit

rispettivament, u kull riferenza f ’kull liġi oħra għal reġistrazzjoni b’titolu

possessorju jew reġistrazzjoni b’titolu assolut għandha tiftiehem bħala

reġistrazzjoni b’titolu li mhux titolu garantit u reġistrazzjoni b’titolu garantit,

rispettivament.

†It-Taqsima VI (artikoli 38 sa 42) ġiet imħassra bl-artikolu 29 tal-Att VII tal-1995.

REĠISTRAZZJONI TA’ ARTIJIET

(1) All registered land 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) easements;

(b) tithes and other burdens;

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

prescription, or through forfeiture or as bona vacantia;

(d) the rights of every person in actual occupation of the

land, save where enquiry by means of a judicial act is

made of such person and the rights are not disclosed;

*Part VA (articles 37A to 37F) was added by Act IV of 1985 and repealed by article

29 of Act VII of 1995.

See also transitory provisions hereunder (article 38 of Act VII of 1995)

38. (1) On the coming into force of the repeal of Parts VA and VI of this Act (30

June 1995), no applications for a cautionary charge shall be entertained and any

cautionary charge entered in the Land Registry prior to the coming into force of the

said repeal shall be deemed to be a charge entered in accordance with article 28A of

this Act.

(2) All Land and Charge Certificates issued prior to the 30 June 1995 shall be

admissible in evidence only as proof of their contents as on their date of issue.

(3) Where prior to the coming into force of sub-article (1) of article 14 of this Act

(30 June 1995), on the opening of succession of any person, the title to the land

comprised in the transmission and situated in any registration area has not been

registered in the name of the persons in whose favour such land may have passed, it

shall be deemed that the provisions of article 14 of the principal Act, as in force prior

to the coming into force of the said sub-article (1) of article 14, did not apply to any

such land

Provided that the Land Registrar may, after giving such notice as he may deem fit,

register such land in the name of the persons in whose favour such land may have

passed or in the name of their successors in title, in accordance with the provisions of

the Land Registration Act (Cap.296.) as amended by Act VII of 1995, and the

provisions of the Land Registration Act (Cap.296.) empowering the said registrar to

require any person to produce any document or information shall apply also for the

purposes of this proviso.

(4) The titles to the land registered in virtue of Legal Notice Number 37 of 1983,

and listed in the following sub-article of this article shall be deemed to have been duly

and regularly registered in accordance with the provisions of the Land Registration

Act (Cap.296.) and any dealing with such land after the coming into force of this sub-

article (30 June 1995) shall be registerable in the Land Registry as if such land were

situated in a registration area

Provided that any transfer or charge in relation to such land registered in the Public

Registry after the issue of the said Legal Notice and before the 30 June 1995 shall be

deemed to be an overriding interest and the provisions of article 43 of the Land

Registration Act (Cap.296.) shall apply thereto.

(5) The titles to the land to which sub-article (4) hereof applies are the following

Certificates of Title numbers 547200001, 547200002, 546900003, 567300008, and

from 547400004 to 547400007 (both numbers inclusive).

(6) Where before the 30 June 1995, a qualified title has been issued by the registrar

in accordance with the provisions of the Land Registration Act (Cap.296.) as in force

prior to the 30 June 1995, it shall be deemed to be a title registered in accordance with

the corresponding provisions of the Land Registration Act (Cap.296.) as amended by

the provisions of Act VII of 1995, qualified in accordance with article 24 of the Land

Registration Act (Cap.296.) as amended by the provisions of Act VII of 1995.

(7) Any absolute title or possessory title registered before the 30 June 1995 shall be

deemed to be a guaranteed title and a title which is not a guaranteed title respectively

and any reference in any other law to registration with a possessory title and

registration with an absolute title shall be construed as a reference to a registration

with a title which is not a guaranteed title and registration with a guaranteed title,

respectively.

†Part VI (articles 38 to 42) was repealed by article 29 of Act VII of 1995.

LAND REGISTRATION

(e) in the case of any title even if qualified in terms of

article 24, all rights, interests and powers excepted

from the effect of registration;

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

established or protected by law;

(g) leases;

(h) general privileges, general hypothecs and the benefit

of separation of estates duly registered under the laws

in force at the time such rights may have arisen;

(hh) special privileges and special hypothecs encumbering

the land and registered in the Public Registry before

the land encumbered became comprised in a

registration area;

(i)

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;

(j) shooting and similar rights;

(k) legal usufructs unless and until they are protected on

the register in the prescribed manner;

(l) the rights of the heirs of a predeceased spouse over

property comprised in the community of acquests and

registered in the name of the other spouse

Provided that, where it is proved to the satisfaction of the

registrar that any land registered or about to be registered is free

from easements or free from tithes and other burdens, the registrar

may notify the fact on the register in the prescribed manner.

(2) Where at the time of first registration 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 land, the registrar shall

enter a note thereof on the register.

(3) Where the existence of an overriding interest mentioned in

this article is proved to the satisfaction of the registrar or admitted,

he may (subject to any prescribed exceptions) enter notice of the

same, or a claim thereto on the register, but no claim to an easement

not created by a public deed shall be noted against the title to the

servient land if the proprietor of such land (after the prescribed

notice is given to him) shows sufficient cause to the contrary.

Where by virtue of any interest or power which is an

overriding interest a person disposes or causes the disposal of any

right over registered land, and the disposition is capable of being

registered, or has such an interest in land as is capable of being

registered, the registrar shall, if so required, give effect to the

disposition or the interest on the register.

If before the registration of any interest in land with a

guaranteed title any easement or other right has been acquired for

the benefit thereof, then, on such registration, the easement or right

LAND REGISTRATION

shall, subject to an entry to the contrary on the register, become

appurtenant to the registered land in like manner as if it had been

granted to the proprietor who is registered as aforesaid.

(1) Any person claiming to have acquired by prescription

a title to land registered in the name of another person may apply to

be registered as proprietor thereof.

(2) The registrar shall, on being satisfied as to applicant’s title,

enter the applicant as proprietor with a guaranteed or other title,

including any qualification, as the case may require, but without

prejudice to any right or interest protected by an entry on the

register which may have not been extinguished by prescription; and

such registration shall, subject as aforesaid, have the same effect as

the registration of a first proprietor; but the proprietor or the

applicant or any other person interested may apply to the competent

court for the determination of any question arising under this

article.

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

necessary modifications, to cases where an easement or other real

right has been acquired by prescription.

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

necessary modifications to cases where a title to land is acquired by

the Government through forfeiture or as bona vacantia.

Any act capable of interrupting the running of prescription

in relation to registered land, or to a registered charge, or to a debt

protected by a registered charge or by a right which is an overriding

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

interest in such land unless and until notice thereof is noted on the

register on an application made in the prescribed manner.

Registered land may be described -

(a) by means of a verbal description and a filed plan or

general map, based on the official map of the land

registry; or

(b) by reference to a deed or other documents, a copy or

extract whereof is filed at the registry, containing a

sufficient description and a plan or map thereof; or

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

and the registrar may approve,

regard being had to ready identification of parcels, correct

description of boundaries, and, so far as may be, uniformity of

practice; but the boundaries of all land and all requisite details in

relation to the same shall, whenever practicable, be entered on the

register or filed plan, or general map; and the filed plan, if any, or

general map shall be used for assisting the identification of land.

49.(1)(a) Upon the lapse of the time referred to in article 23(2),

the registrar shall, subject to the following sub-article

after giving such notice, if any, as may be prescribed,

register such title as a guaranteed title whether the

proprietor consents to such registration or not.

LAND REGISTRATION

(b) Where the registrar is satisfied that either as a result of

the additional evidence produced to him or otherwise

in his possession, or as a result of time, or as a result of

both, he may, subject to the following provisions of

this article and any other provision of this Act, after

giving such notices, if any, as may be prescribed,

remove any qualification entered in the register in

terms of this Act, whether the proprietor consents to

such removal or not.

(2) If any claim adverse to the title of the proprietor has been

made, an entry shall not be made on the register under this article

unless and until the claim has been disposed of.

(3) Any person, other than the proprietor, who suffers loss by

reason of any entry on the register made by virtue of this article

shall be entitled to be indemnified under this Act as if a mistake

had been made in the register.

(1) Every person whose name is entered on the register as

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

entitled to receive any notice, or in any other character, shall

furnish to the registrar a place of address in Malta.

(2) Every notice by this Act required to be given to any person

shall be served personally, or sent through the post in a registered

letter marked outside "Land Registry", and directed to such person

at the address furnished to the registrar and, unless returned, shall

be deemed to have been received by the person addressed within

such period, not less than three days, exclusive of the day of

posting, as may be prescribed.

(3) The Postmaster-General shall give directions for the

immediate return to the registrar of all letters marked as aforesaid,

and addressed to any person who cannot be found and on the return

of any letter containing any notice, the registrar shall act, in the

matter requiring such notice to be given, in such manner as may be

prescribed.

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

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

be given or by the non-receipt thereof.

PART VIII

RECTIFICATION OF REGISTER AND INDEMNITY

(1) The register may be rectified pursuant to an order of a

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

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

subject to the provisions of this article

(a) subject to any express provision of this Act to the

contrary, where a court of competent jurisdiction has

adjudged that any person is entitled to any right or

LAND REGISTRATION

interest in or to any registered land or charge, and as a

consequence of such decision such court is of opinion

that a rectification of the register is required, and

makes an order to that effect;

(b)

subject to any express provision in this Act to the

contrary, where the Court of Appeal, on the application

in the prescribed manner of any person who is

aggrieved by an entry made in, or by the omission of

an entry from, the register, or by any default being

made, or unnecessary delay taking place, in the

making of an entry in the register, makes an order for

the rectification of the register;

(c)

in any case and at any time with the consent of all

persons interested;

(d)

where a court of competent jurisdiction or the registrar

is satisfied that an entry in the register has been

obtained by fraud or violence and in the case of the

court, an order is made for the rectification of the

register;

(e)

where two or more persons, not being jointly entitled

thereto, are, by mistake, registered as proprietors of

the same right over registered land or of the same

charge;

(f)

in any other case where, by reason of any error or

omission in the register, or by reason of any entry

made under a mistake, it may be deemed just to rectify

the register.

(2) The register may be rectified under this article

notwithstanding that the rectification may affect any rights, charges

or interests acquired or protected by registration, or by any entry on

the register, or otherwise.

(3) The register shall not be rectified, except for the purpose of

giving effect to an overriding interest, so as to affect the title of the

proprietor who is in possession -

(a) unless such proprietor is a party or privy or has caused

or substantially contributed, by his act, neglect or

default, to the fraud, violence, mistake or omission in

consequence of which such rectification is sought; or

(b) unless the immediate disposition to him was void, or

the disposition to any person through whom he claims

otherwise than under an onerous title was void; or

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

considered that it would be unjust not to rectify the

register against him.

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

jurisdiction in relation to any registered land on being served with

the judgment or an official copy thereof accompanied by a

statement by the Registrar of the Court certifying that the judgment

has become res judicata.

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

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

respect of which the order is made.

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

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

ten years from the date on which it is made

Provided that nothing in this sub-article shall be construed as

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

liable thereto.

(7) On every rectification of the register any certificate or

document which may be affected shall be produced to the registrar

unless an order to the contrary is made by him.

(1)

Notwithstanding any other provision of this Act, the

State Advocate shall have the right and interest to bring an action for

the purpose of impugning any registration made under any provision

of this Act, and which has not been made under or has given rise to a

guaranteed title, where

(a) such registration has been made in violation of any

requirement of this Act, or of any other law;

(b) such registration has been made in accordance with an

application containing incorrect information or

information which should not have led to the

registration of the title;

(c) it results that the person in whose favour the

registration was made kept hidden from the registrar

facts or information which were relevant to the

examination to be conducted by the registrar in

accordance with article 18 of this Act.

(2)

The fact that the application which gave rise to the

registration has been received and accepted by the registrar shall not

hinder this action.

(3)

The State Advocate may exercise this action by means of a

sworn application to be filed in the Civil Court, First Hall, at any time

after the registration to be impugned has been made, which sworn

application shall be filed against the registrar and the person in whose

favour the impugned registration has been made.

(4)

An action filed under this provision shall be heard and

decided in accordance with the applicable provisions of the Code of

Organization and Civil Procedure.

(5)

Where the court decides that the registration shall be

revoked, the registrar shall cancel such registration by not later than

twenty (20) days from the date on which the decision becomes final.

(6) The right of action granted to the State Advocate under this

provision shall be without prejudice to any other right which third

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parties may have, both under this Act as well as under any other law, to

protect their rights against any registration made in accordance with

the provisions of this Act.

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

any person suffering loss by reason of any rectification of the

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

Act.

(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 for inspection or

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

be entitled to be indemnified under this Act.

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

registered land or charge 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.

(5) 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, or

derives title (otherwise than under a disposition under

an onerous title which is registered or protected on the

register) from a person so committing fraud or

violence;

(b) where the register is not rectified in accordance with

article 51(6);

(c) where the register is rectified to give effect to an

overriding interest;

(d) on account of costs incurred in taking or defending any

legal proceedings without the consent of the registrar.

(6) Where an indemnity is paid in respect of the loss of a right

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

not exceed -

(a) where the register is not rectified, the value of the

right, interest or charge at the time when the error or

omission which caused the loss was made;

(b) where the register is rectified, the value (if there had

been no rectification) of the right, interest or charge,

immediately before the time of rectification.

(7) The registrar may, if the applicant desires it, 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,

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unless the court considers that the appeal is unreasonable.

(8) 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.

(9) 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 right 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.

(10) 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.

(11) This article applies to the Government in like manner as it

applies to a private person.

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

indemnity payable under this Act.

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

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

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.

PART IX

MISCELLANEOUS PROVISIONS

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

inspect any register or document in the custody of the registrar

relating to any registered land or charge.

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

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

document in the custody of the registrar relating to any registered

land or charge.

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

from documents and plans filed in the registry, shall be admissible

in evidence in all actions and matters, and between all persons and

parties, to the same extent as the originals would be admissible, but

any person suffering loss by reason of the inaccuracy of any such

copy or extract shall be entitled to be indemnified under this Act,

and no person shall be answerable in respect of any loss occasioned

by relying on any such copy or extract.

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

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

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

suppresses, attempts to suppress, or is privy to the suppression of,

any document or fact, the person so suppressing, attempting to

suppress, or privy to suppression, shall be guilty of an offence.

(1) If any person fraudulently procures, or attempts

fraudulently to procure, or is privy to the fraudulent procurement

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

other document held at or issued by the Land Registry shall be

guilty of an offence.

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

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

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

conviction, be liable to imprisonment for a term not exceeding four

years or to a fine (multa) not exceeding eleven thousand and six

hundred and forty-six euro and eighty-seven cents (11,646.87), or

to both such imprisonment and fine.

PART X

RULES AND FEES ORDERS

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

make general rules for the purpose of regulating the manner,

procedure or conditions in which or under which the provisions of

this Act are to be carried out, for the purpose of regulating such

matters as are by this Act required or authorized to be prescribed or

in respect of which provision is to be made by rules, and generally

for the purpose of regulating any matter connected with the

establishment and management of a land registry and the

registration of title to land.

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

article (1), 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

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made and kept;

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

precautions to be taken, the instruments to be used, the

notices to be given, and the evidence to be adduced in

all proceedings before the registrar or in connection

with registration;

(c) for regulating the procedure on application for first

registration;

(d) empowering the registrar to order or conduct the

survey of any land in connection with its registration

under this Act;

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

to time coming into the hands of the registrar, with

power to direct the destruction of any such documents

where they have become altogether superseded by

entries in the register, or have ceased to have any

effect;

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

to compulsory registration;

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

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

prescribed;

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

certificates, of the price paid or value declared on first

registrations, transfers, and transmissions of land;

(i) for prescribing the way any notices required by this

Act, are to be given;

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

registration of the land, of any easement, right, or

privilege, created by an instrument and operating at

law, which appears to affect adversely the land, and so

far as practicable by reference to the instrument

creating the same;

(k) for enabling any person who acquires any such

easement, right, or privilege, after the date of first

registration of the land, to require (subject to notice

being given to the owner of the servient land) entry to

be made in the register of notice of the same, and so

far as practicable by reference to the instrument

creating the right;

(l) for enabling the first or any subsequent proprietor to

require that notice of his title to any such right or

interest, whether acquired under an instrument or by

prescription or otherwise, be entered in the register,

and, so far as practicable, by reference to the

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

for prescribing the effect of any such entry;

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

if deemed desirable, for prescribing any special

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notification on the certificate to be given by way of

warning when encumbrances, notices, and other

adverse entries appear on the register;

(n)

for providing for the cases in which the registrar may

grant a certificate that an intended disposition is

authorised and will be registered if presented;

(o)

for prescribing the effect of priority notices and of

priority cautions and inhibitions;

(p)

for providing for any matter ancillary to or

consequential to the computerisation of the Land

Registry;

(q)

for adapting the provisions of this Act relating to

transfers of registered land to other dispositions

authorised to be made by a proprietor;

(r)

for enabling entries to be made in the register on the

surrender, extinguishment or discharge of any

subsisting interest without previously registering the

title to the interest which is merged or extinguished.

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

Minister responsible for finance, make orders with respect to the

amount of fees payable for anything done or service rendered under

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

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.