Law Blog

I’m delighted when my colleagues in law and architecture express appreciation for the usefulness of the book I’ve written on servitudes.  That was precisely my intention from the outset. I aimed to provide a comprehensive exploration of servitudes, beginning with legal fundamentals, and to offer insights into the most prevalent scenarios architects encounter, particularly concerning […]

My choice to produce this series of brief publications on emphyteusis stems from the mere fact that while new contracts on emphyteusis are rare nowadays, many still exist and there are potential ramifications yet to be fully explored. In the initial instalment, I focused on the fundamental principle of emphyteusis, while in the second, I […]

The second instalment of the publication series on emphyteusis progresses. After elucidating the constitutive elements of emphyteusis, the focus now shifts to its first type: perpetual emphyteusis, which can either be indefinite or revisable. Both types of perpetual emphyteusis can essentially be redeemed, but through distinct methods. This is explained in ‘Ic-Cens Perpetwu u Perpetwu […]

As pledged, I am commencing the release of a series of concise legal publications on ‘emphyteusis’ (in Maltese: ‘cens’). In this initial instalment, I underscore the distinction between emphyteusis and lease (the difference between in Maltese ‘cens’ or ‘enfitewsi’ and ‘kera’ or ‘lokazzjoni’). Furthermore, I draw attention to contracts labelled as ‘lease’ which, however, are […]

An emphyteusis  (in Maltese: cens) stands as a distinctive arrangement within property law, establishing a clear legal bond between the dominus and the emphyteuta (or utilista). While some characterize the dominus as the owner and the utilista as the tenant due to the annual ground rent paid by the utilista to the dominus, I am […]