LAND REGISTRATION RULES

LAND REGISTRATION

SUBSIDIARY LEGISLATION 296.01

LAND REGISTRATION RULES

1st March, 1982

LEGAL NOTICE 15 of 1982, as amended by Legal Notices 55 of 1982, 7

of 1985, 212 of 1990, 12 and 83 of 1995, 105 of 2008 and 88 of 2015 and

257 of 2019 and 156 of 2024.

The title of these rules is the Land Registration Rules.

Amended by

L.N. 55 of 1982;

L.N. 7 of 1985.

(Rule 30)

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In these rules, unless the context otherwise requires -

"Act" means the Land Registration Act;

"certificate of title" means the certificate and plan relative to any

parcel or plot of land retained in the Registry as provided in rule

17;

"charge certificate" means the certificate of any charge registered

in respect of any certificate of title delivered to the person whose

rights are secured by the charge or to the person entitled to be in

possession of such certificate or deposited in the Registry as

provided in article 36 of the Act;

"dealing" means the disposition of land, or the charge on land or

the transmission of land or charge referred to in Part IV of the Act

and includes any document filed with the Registrar in connection

therewith;

"form" includes any forms prescribed in the First Schedule to

these rules and any form used in the operation of the Registry for

the purpose of its administration;

"Gozo branch" means the Lands Registry branch as indicated in

article 3 of the Act, located in the Island of Gozo where the titles to

land in Gozo and Comino shall be registered;

"land certificate" means the certificate and plan relative to any

parcel or plot of land delivered to the proprietor or deposited in the

Registry as provided in article 36 of the Act;

"Malta branch" means the Land Registry branch as indicated in

article 3 of the Act, located in the Island of Malta where the titles to

land in that island shall be registered;

"plan" means any survey, diagram or sketch of land indicating its

position, size, area or dimensions;

"Registry" means the Land Registry as set up by article 3 of the

Act;

"transferee" means the person who receives the benefit of any

transfer of an interest in a certificate of title;

"transferor" means the proprietor who transfers his interest in a

certificate of title.

Amended by

L.N. 7 of 1985.

(Rule 28)

Substituted by

L.N. 212 of 1990;

L.N. 105 of 2008;

L.N. 88 of 2015;

L.N. 257 of 2019.

Amended by

L.N. 156 of 2024.

Tariff

Service

1. Application for a First Registration other than emphyteusis or succession

Where the value is not determined

Where the value is determined, for every one thousand euro (€1,000) or part

thereof

Minimum charge

2. Application for a First Registration and, or transfer of a registered title

(Emphyteusis)

In a perpetual or temporary emphyteusis (non-revisable) the amount of

ground rent will be capitalised and on the sum capitalised, for every one

thousand euro (€1,000) or part thereof

In a perpetual and revisable emphyteusis, the amount of ground rent after

first revision will be capitalised, and on the sum capitalised, for every one

thousand euro (€1,000) or part thereof

In a temporary and revisable emphyteusis, the cumulative sum of the

amount of ground rent of the last twenty (20) years as revised, for every one

thousand euro (€1,000) or part thereof

Where there is a consideration this shall be added to the cumulative sum or

capitalized amount of ground rent.

Application for a conversion of a title from temporary to perpetual emphyte-

usis shall be charged the same fee as a contract of perpetual emphyteusis.

Minimum charge

3. Lodgement of any application for registration of a correction, declaratory act

or any other application relating to a registered title other than a transfer,

transmission or charge

4. Lodgement of any application for the transfer of a registered title where the

value of the property is not determined

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5. Lodgement of any application of a transfer of a registered title, for every one

thousand euro (€1,000) or part thereof

Where the transfer includes several properties and different applications,

and the value of the transfer is declared as a whole, the full fee shall be

charged for the first application while any additional applications , whether

submitted in the Malta branch or in the Gozo branch, and regardless of

where the first application was submitted,shall be charged a fee of

Minimum charge

6. Application for a transfer by succession (causa mortis)

First Registration

Transmission of a registered title

Where the transfer includes several properties and different applications, the

full fee shall be charged for the first application while any additional appli-

cations , whether submitted in the Malta branch or in the Gozo branch, and

regardless of where the first application was submitted,shall be charged a

fee of

7. Application for a charge on a registered title , for every one thousand euro

(€1,000) or part thereof

Where the charge includes several properties and different applications and

the value of the charge is declared as a whole, the full fee shall be charged

for the first application while any additional applications , whether submit-

ted in the Malta branch or in the Gozo branch, and regardless of where the

first application was submitted, shall be charged a fee of

Minimum charge

8. Application for a cancellation, waiver, reduction of a charge or any other

reference that effects a charge

9. Application for a caution

Application for a withdrawal of a caution

10. Request for an official search including any documents attached to the reply

11. Copies of certificates

Up to five (5) pages

For every additional page or plan - "A4"

For every additional page or plan - "A3"

Legal copies – per page

12. Copies of documents or plans

For every page - "A4"

For every page - "A3"

Legal copies – per page

13. Land Registry plans

Where any form or notice prescribed by these rules

specifies requirements or evidence to be lodged with that form or

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notice, those requirements or evidence are to be regarded as being

prescribed by these rules.

(Rule 29)

Seal of the Land Registry

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Where the Act requires the Registrar to give notice to any

person, it shall be sufficient for the purpose of these rules that he

gives notice in writing identifying the lodging parties, the land

affected, and the nature of the dealing, instrument or document,

together with any other relevant details he may consider

appropriate.

Added by

L.N. 12 of 1995.

(Rule 30(2))

FORMS

FORM A

To be used in lieu of Forms 2, 6, 11, 18, 20 incorporating also Form 33, to be

submitted in duplicate.

APPLICATION FOR TITLE

(For Office Use)

LR-A Number

Date

Payment

Received by

Insert here the nature of the application

First Registration

Transfer of a Registered Title

Partial transfer of a Registered Title

Application for the registration as an owner upon the death of an owner

of a registered title

Prescription of a registered title.

1. Description of the property with reference to every detail that appears on the

plan. This description shall serve as the basis of the certificate and therefore it has to

be exact in every detail.

Commence from the town or village, continue with the street or locality,

number or name, and measurement when applicable.

In any case, except in an application for first registration, insert the number

of the Certificate of Title that is to be transferred. In the case of a transfer of a

pending application, the application number of the property to be transferred is to be

inserted.

2. Particulars of transferor

(a) name, surname, father’s name, marital status including, spouse’s name

when applicable;

(b) whether property belonged to the community of property, paraphernal or

residual;

(c) share transferred.

3. Same details of transferee.

4. Any restriction affecting the title including ground rents, servitudes of other

encumbrances.

5. The basis of the application: for example, deed or judgement. The name of

the Notary and any relevant date is to be included.

6. Value or consideration.

7. List of documents submitted with the application.

8. Declaration by the parties in accordance with rule 30(2)(d)(ii) of the Land

Registration Rules. This may be made by any one or all the applicants, or the Notary

or a legal person acting on behalf of the parties.

FORM B

To be used in lieu of Forms 7 and 36 incorporating also Form 33, to be submitted

in duplicate.

APPLICATION FOR A CHARGE OR A CAUTIONARY CHARGE

(For Office Use)

LR-A No

Date

Payment

Received

Insert here the nature of the application

Charge

Cautionary Hypothec

1. Description of the property effected: Details on Form A

2. Creditor: Details as of vendor on Form A

3. Debtor: Details on Form A

4. Credit conditions

5. Amount hypothecated

6. List of documents submitted with the application

FORM C

To be used in lieu of Forms 8, 9, 10, 12, 13, 14 and 15 also incorporating Form 33,

to be submitted in duplicate.

APPLICATION FOR REFERENCE OF CHARGE OR CAUTIONARY CHARGE

(For Office Use)

LR-A No

Date

Payment

Received by

1. Insert the number of the Charge Certificate together with the number of the

Certificate of Title or of Certificate of Cautionary Charge together with the number

of the application effected by the Cautionary Charge.

2. Insert the information that is to be inserted on the Charge Certificate or on

the Cautionary Charge in the manner that it shall reflect what is agreed by the

contracting parties. These details are to contain the details of the contracting parties.

3. List of documents submitted with the application.

FORM D

To be used in lieu of Forms 3 and 4 and incorporating also Form 33, to be

submitted in duplicate.

CAUTION

(For Office Use)

LR-A No

Date

Payment

Received by

1. Description of the property (as in Form A) including titles effected

2. Details of person submitting the caution (as in Form A)

3. Reasons for submitting the caution (as in Form A)

4. Details of who, in the opinion of the applicant is to be notified by this

caution, including any known postal address

5. List of documents submitted with the application

FORM E

In lieu of Form 32.

REQUEST FOR AN OFFICIAL SEARCH AND/OR INFORMATION

(For Office Use)

LR-A No

Date

Payment

Received by

1. Description of the property (as in Form A)

2. List of questions to which a reply is requested

3. Indicate whether reply is requested by post (insert postal address) or if it is

to be collected, in which latter case the person who is to collect the search is to be

indicated.

4. Leave enough space for the reply, signature of the Registrar and date.

Whenever any notice is returned by the Postmaster General

because the person to whom it is addressed cannot be found, the

Registrar shall by notice published in the Gazette notify that a

registered letter marked and directed to such person as is indicated

in article 48 of the Act, has been sent, and such notice published in

the Gazette as aforesaid shall for all intents and purposes be

deemed to be a notice duly served.

Dealings, instruments, interests or the contents of

documents shall only be entered in the register if lodged on the

proper form

Provided that the Registrar may in exceptional

circumstances exempt any person from the provisions of this rule.

Where a person applies to be registered as proprietor of

land by virtue of having acquired title by prescription he shall make

an application in the form prescribed by these rules.

(1) A proprietor of a land or charge certificate applying to

the Registrar for the replacement of a lost or destroyed certificate

shall publish a notice as prescribed in the First Schedule to these

rules or otherwise as the Registrar directs in at least one daily

newspaper, a period of thirty days being allowed for any objection

before the issue of the replacement.

(2) The Registrar may require the applicant to produce a copy

of the newspaper wherein the advertisement was published together

with a sworn declaration stating how the certificate was lost or

destroyed. Upon an application being made the Registrar shall

cause a notice in the form prescribed in the First Schedule to these

rules, to be pubished in the Gazette allowing thirty days for any

person to object to the issue of a new certificate.

(3) The Registrar may require any other evidence in support of

the application.

(4) An objection to the issue of a replacement certificate shall

be made in writing to the Registrar, who shall cause a copy thereof

to be served on the applicant.

(5) The Registrar shall not issue such certificate unless the

objection is withdrawn or a court of competent jurisdiction has

adjudged such objection to be unfounded.

Where in accordance with Part IV of the Act anything is to

be done "in the prescribed manner" this shall be done by

completing and lodging the forms prescribed in the First Schedule

to these rules.

(1) Where any articles of the Act refer to a prescribed

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time, the prescribed time will be a period of thirty days unless

otherwise indicated in these rules.

(2) When the thirtieth day falls on a Saturday or a public

holiday, the next following day not being a Saturday or a public

holiday shall be regarded as the final day.

(1) The Registrar shall not rectify the register in terms of

article 49(1)(e) and (f) of the Act unless and until he has notified in

writing any parties who appear from the register to have an interest.

(2) The form of notification shall be in accordance with the

form prescribed in the First Schedule to these rules.

(1) If any person fails to produce any plan, document,

evidence, declaration or other material or information which the

Registrar may require within a period of thirty days of receiving a

request so to do, the Registrar may refuse to approve or register the

application, dealing or instrument lodged with him, and may then

ret u rn al l d ocu m ent s fi led wi th t he ap pl ica ti on , d eal in g or

instrument.

(2) In the event of the Registrar refusing to approve or register

in accordance with sub-rule (1), such person shall only be entitled

to a refund of half the fees paid.

Where in the Act provision is made for an appeal from the

decision of the Registrar, that appeal shall be made in the manner,

time and procedure prescribed hereunder

(a) an appeal shall be by application to be filed within

twelve days from the date on which notice is given of

the Registrar’s decision;

(b) the application shall on pain of nullity be signed by an

advocate and a legal procurator, and shall contain a

clear indication of the grounds on which the appeal is

entered;

(c) with each application there shall be filed a true copy

thereof for service upon the Registrar;

(d) on the filing of each application, a registry fee as

prescribed in Tariff A of Schedule A annexed to the

Code of Organization and Civil Procedure shall be

paid in addition to the appropriate fees for the service

of the copy of the application;

(e) the date of hearing shall be so fixed by the Court that

not less than eight working days shall intervene

between the filing of the application and the first

hearing of the matter, provided that not less than three

working days shall be allowed between the date of

service of the application on the Registrar and the date

fixed for the hearing of the application;

(f)

the Registrar shall make his submissions, orally or in

writing, at the first hearing of the matter;

(g) in default of any submissions on the day fixed for

hearing, in contestation of the demand contained in the

application, the Court shall allow the application;

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(h) the fee payable to the advocate and legal procurator

representing the parties in an appeal, shall be fixed by

the Registrar of the Courts in accordance with Tariff E

of Schedule A annexed to the Code of Organization

and Civil Procedure.

A claim for indemnity against the Insurance Fund which is

to be determined by the Registrar in accordance with article 50(1)

of the Act shall contain

(a) the full grounds for the claim;

(b) a sworn declaration containing a clear and detailed

statement of the facts giving rise to the claim;

(c) evidence of the financial loss incurred;

(d) a disclosure of any receipts, income or other

compensation which may mitigate or decrease the

financial loss;

(e) documentary evidence of any litigation in respect of

the claim, together with any other evidence required

by the Registrar.

An application for the registration of land or the issue of a

certificate of title shall be made on a form as prescribed by these

rules.

(1) Notice of an application for registered title under the

Act shall be given by publishing the prescribed form of notice in

the Gazette.

(2) Where the Registrar requires from an applicant under Part

III of the Act further information he shall do so by giving notice in

writing to that person or to his legal adviser.

(1) Where an application for registered title has been

approved, the Registrar shall draw up a certificate of title clearly

indicating the status and nature of the interest in land held by the

person registered as proprietor; the land certificate issued by the

Registrar shall show the details appearing in the certificate of title.

(2) The certificate of title shall be filed in and constitute an

integral part of the register in respect of titles to land.

(1) The register shall be kept in loose-leaf form.

(2) The Registrar shall number each certificate of title with a

distinctive number.

(1) A certificate of title shall be in accordance with the

form prescribed in the First Schedule to these rules.

(2)

A certificate of title shall be prepared -

(a) with respect to any verbal particulars to be contained

in that certificate of title, by typing, or writing in

indelible ink those particulars on the relevant form or

on an annexure form annexed thereto, which annexure

shall form an integral part of the certificate of title;

and

(b) with respect to a plan or sketch referred to in that

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certificate of title, by drawing or photocopying the

plan or sketch on the relevant form, or an annexure

form annexed thereto, which annexure shall form an

integral part of the certificate of title.

The Registry shall be kept open for the filing of documents

at such time as the Minister may by notice in the Gazette establish.

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

from documents filed in the Registry shall be signed by the

Registrar.

The signatures or marks on a dealing lodged for

registration, under the provisions of the Act, other than a dealing

pursuant to a judgement of a court, shall be witnessed or attested,

as the case may be by a notary public.

(1) Such form shall -

(a) be either typewritten, by mechanical and/or electronic

means, or handwritten in block letters or partly

typewritten by mechanical and/or electronic means

and partly handwritten in block letters;

(b) be free from discoloration and blemishes;

(c) be accompanied with such plan in terms of such Legal

Notices which may be in force on the date of filing;

(d) contain a reference to any annexure thereto; and

(e) be signed in blue by at least one of the persons obliged

to submit or on a voluntary basis is submitting the

application.

(2)

When the annexure form is used it shall -

(a) be pinned or stapled to the form to which it is an

annexure and shall contain a reference thereto;

(b) be enumerated; and

(c) be signed by the persons signing the form to which it is

an annexure.

(3) Where it is necessary to remove, vary or add any words

before the form is lodged, the person lodging that form shall make

such variation or addition by means of a note at the end of the form;

in any such case such person shall cancel the words which it is

desired to remove or vary in such a manner as to leave the words so

cancelled still legible, and shall make a note stating the number of

words so cancelled or as the case may be, that other words are

substituted for those cancelled and writing immediately after the

words so substituted; in the case of a mere addition of words such

person shall make a mark at the place where the addition is to be

made and a note at the end of the form containing the expression

"words added" and shall write immediately after the words to be

added. Such notes are to be signed by all the parties signing the

form. In this sub-rule the expression "words" includes numbers,

cipher or any other symbol.

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When there is an application at the Registry, whether this

be a first registration, or whether it is a dealing, and this application

is still pending, the applicant can re-transfer or hypothecate the

same property, or part thereof, so long as

(a) an official search is submitted and this establishes that

the eventual transferor or person dealing with the land

is the same person or persons in whose name the first

registration was submitted; and

(b) a site plan and a large scale plan is submitted in order

to ascertain that the request relates to the same

property, or part of that property mentioned in the

application which is still pending.

(2) The rules applicable to applications for charge certificate,

cautionary charge certificate and/or caution, apply mutatis

mutandis with reference to applications submitted after the official

search mentioned in this rule has been made.

(3) More than one official search may be submitted with

reference to the same application, as well as on an application or

applications submitted at the Registry in virtue of sub-rule (1)(a).

(4) The registrar shall indicate on the official search every

relevant detail which may block the issue of the relevant certificate

of the prior application.

(5) The registrar shall, if he deems it fit, analyse all the

applications affecting the same property at one go, provided that on

the certificate of title, charge certificate or cautionary charge

certificate, the chronological order of the transfers and dealings is

respected and enumerated.

(6) The Registrar shall not accept an application for transfer or

for a dealing of land in relation to which there is a pending

application if an official search (the result of which is still valid on

date of submission of the application) has not been made, and the

official result following such search shall form part of the

documents accompanying the application.

(1) A dealing presented for lodgement shall conform to all

the requirements prescribed by the Act or these rules and shall be

accompanied by -

(a) a request made on the prescribed form to register that

dealing;

(b) the prescribed fee; and

(c) any document or writing that may be reasonably

required by the Registrar.

(2) The lodgement of a dealing is made by depositing it in the

Registry.

(3) A person depositing a dealing shall remain in attendance at

the Registry until he is informed that the dealing is accepted for

lodgement or rejected.

Saving the provisions of the Act the Registrar shall refuse

to accept for lodgement an instrument that requires an entry to be

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made upon a certificate of title, where the relative land or charge

certificate, is not at the time available to the Registrar.

(1) An application for an official search shall be made by

completing the prescribed form and lodging it with the Registrar

together with the prescribed fee.

(2) The result of the official search shall be signed by the

Registrar.

The fees payable to the Registrar shall be the fees

contained in the Second Schedule to these rules.

The seal of the Land Registry shall be as shown in the

Third Schedule to these rules.

(1) Saving what is stated in sub-rule (2), the prescribed

forms and notices shall be in accordance with the forms in the First

Schedule to these rules and any reference to a prescribed form shall

be construed as a reference to the appropriate form in the said

Schedule as set out hereunder

1. A certificate of title shall be in accordance with Form

No. 1.

1A. A certificate of Land shall be in accordance with Form

No. 1A.

2. The application for a registered title shall be in

accordance with Form No. 2.

3. A caution against first registration shall be in

accordance with Form No. 3.

4. A caution against dealings with a registered title shall

be in accordance with Form No. 4.

5. A withdrawal of caution shall be in accordance with

Form No. 5.

6. A transfer of registered title shall be in accordance

with Form No. 6.

7. A charge of a registered title shall be in accordance

with Form No. 7.

8. A transfer of a registered charge shall be in accordance

with Form No. 8.

9. A full discharge of a registered charge shall be in

accordance with Form No. 9.

10. A partial discharge of a registered charge shall be in

accordance with Form No. 10.

11. A transfer of registered title pursuant to a sale under a

registered charge shall be in accordance with Form No.

11.

12. An application to vary priority of registered charges

shall be in accordance with Form No. 12.

13. An application to be registered as proprietor of a

registered charge upon the death of a proprietor shall

be in accordance with Form No. 13.

14. A priority notice shall be in accordance with Form No.

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14.

15. Notice of withdrawal of priority notice shall be in

accordance with Form No. 15.

16. A blank instrument form shall be in accordance with

Form No. 16.

17. An annexure form shall be in accordance with Form

No. 17.

18. An application to be registered as proprietor upon the

death of the registered proprietor (transmission

application) shall be in accordance with Form No. 18.

19. An application for the rectification of boundaries shall

be in accordance with Form No. 19.

20. An application to be registered as proprietor of title

acquired by prescription shall be in accordance with

Form No. 20.

21. An application for the replacement of a lost certificate

or document shall be in accordance with Form No. 21.

22. A summons to attend for the purpose of article 6 of the

Act shall be in accordance with Form No. 22.

23. A summons to produce for the purpose of article 6 of

the Act shall be in accordance with Form No. 23.

24. The notice of request to furnish information for the

purpose of article 7 of the Act shall be in accordance

with Form No. 24.

25. A notice of requisition shall be in accordance with

Form No. 25.

26. A notice of intention to register title to land shall be in

accordance with Form No. 26.

27. A notice of intention to interested party to register title

to land shall be in accordance with Form No. 27.

28. A notice of intention to approve an application for title

acquired by prescription shall be in accordance with

Form No. 28.

29. A notice of intention to register possessory title to land

shall be in accordance with Form No. 29.

30. A notice of intention to correct plan or diagram on

certificate of title shall be in accordance. with Form

No. 30.

A notice of intention to replace certificate shall be in

accordance with Form No. 31.

An official search form shall be in accordance with

Form No. 32.

A request to register shall be in accordance with Form

No. 33.

A request for copies shall be in accordance with Form

No. 34.

Charge Certificate shall be in accordance with Form

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No. 35.

An application for a cautionary charge certificate shall

be in accordance with Form No. 36.

A cautionary charge certificate shall be in accordance

with Form No. 37.

(2)

Insofar as -

(a) the paper used is of A4 size;

(b) the information requested is given in its totality and in

strict order in virtue of the Fourth Schedule to these

rules;

(c) where the information cannot be written out on one

page, the prescribed signatures shall appear on every

page;

(d) every application form which can lead to the issue of a

certificate has to have -

(i)

a list of the documents presented with the

application; and

(ii) a declaration stating: "I hereunder signed declare

that all that is stated in this form and as far as I

know is true, and that I have verified the relative

documents, and that there is no fact that I know

of that is contrary to that brought in the

documents.",

the provisions of these rules shall be deemed to have been complied

(3) The Registrar is empowered that if he deems fit, he may

reproduce by means of a photocopier and/or a computer any form,

site-plan, detailed plan and any other information given to him, in

order that it may be used as a certificate as prescribed by these

rules as long as these documents contain the seal and the signature

of the Registrar.