Law Blog

The legal intersection between usufructuary rights and lease agreements presents intriguing considerations, particularly when usufruct terminates and property rights shift. For reference, I frequently turn to the a particular Maltese case of 28 June 1957 (Pullicino vs Borg Olivier), decided by Malta’s Inferior Appeals Court, which thoughtfully interprets pertinent provisions within the Maltese Civil Code—specifically […]

A recent Court of Appeal decision has rekindled debate around a deceptively simple question in planning law: is a regularisation permit truly a development permit? In Ivan Vella v Planning Authority (Court of Appeal [Inferior Jurisdiction], 28 May 2025), the Court held that a regularisation under L.N. 285 of 2016 does not amount to a […]

This short publication examines a long-standing ambiguity in Maltese civil law: is a party wall rendered common upon physical use (appoġġ) or only following payment in terms of Article 418 of the Civil Code? While most local jurisprudence adopts a pragmatic view—treating use as sufficient to trigger co-ownership—this contribution gives serious weight to the alternative […]

Articles 490(2) and 492 of the Maltese Civil Code establish that co-proprietors must proportionately contribute to expenses for maintaining common property. Specifically, Article 492 empowers a co-proprietor to legally oblige fellow co-owners to share necessary maintenance expenses. Indeed, Article 490 of the Civil Codes states as follows: ‘490.(1) The shares of the co-owners shall, unless […]

In the case of Carmen Bajada and Flimkien Ghal Ambjent Ahjar vs. the Planning Authority (Appell 56/24JB, PA3678/23), decided by the Planning Tribunal on 13 May 2025, the appellants challenged the renewal of a planning permit for the construction of four residential units in Xaghra, Gozo. Their objections, which raised concerns about environmental impact, height […]

The recent developments in Maltese constitutional jurisprudence concerning the imposition of significant administrative penalties by non-judicial authorities continues to illustrate a critical tension between constitutional guarantees and pragmatic regulatory enforcement. Central to this debate is Article 39 of the Maltese Constitution, which unequivocally provides: “Kull min jiġi mixli b’reat kriminali għandu jingħata smigħ xieraq quddiem […]