The moment when a book you’ve authored is on the cusp of publication, and you’re handed the PDF layout just before it heads to the printing press, is an extraordinary experience. I’m deeply moved by this juncture, where the meticulous and flawless work of Kite Publishers has brought my book on “easements” (“Servitujiet” in the Maltese Language) to the brink of its printing journey. Those who have authored a book undoubtedly understand the sentiment I’m expressing.
I’m delighted with the layout; it resonates well with me. The flow appears to be smooth – at least, that’s my hope. During the writing process, my target audience was primarily composed of lawyers and architects. Additionally, I aimed to make it beneficial for law students preparing for their property exam, despite the fact that it’s presented in the Maltese language.
My intention was to create a publication that engages readers from start to finish. Once embarked upon, the journey through its pages is meant to be continuous.
The initial focus of the publication is centred around establishing the fundamental concept that an easement is closely linked to two distinct types of properties: the dominant property and the servient property. This forms the basis for understanding how these properties interact in relation to easements.
The publication goes on to explain that the owner of the servient property is restricted from taking actions that would diminish the use of the easement or make it more burdensome, significantly prejudicing the owner of the dominant property. Conversely, it emphasizes that the right of the dominant property owner is not absolute and should be viewed with certain limitations.
Additionally, it is clarified that alterations to the servient property can be made as long as they do not detrimentally affect the owner of the dominant property. Still, the holder of the easement cannot demand an extension of the easement beyond its original scope.
A crucial point highlighted is that these easements are established either by legal provisions or human actions. The former are further categorized into those serving public utility and those serving private utility.
Laws for public utility are illustrated with an example of planning regulations, highlighting how these create administrative and civil relationships that resemble easements. The publication also delves into easements beyond Civil Codes, discussing those based on public order necessity, such as allowing drainage pipes and sewers.
Easements created by law for private utility, as outlined in Chapter 16 (Articles 403 to 453), are examined in detail. Distinctions are drawn between apparent, and continuous easements, continuous easements not visibly apparent, and non-continuous easements.
The lifespan of easements is explored, revealing that they cease when no one exercises the right for over thirty or forty years, depending on property ownership. Renunciation is also explained, occurring through acts indicating the intention to abandon the right.
The publication delves into specific contentious aspects of easements created by law for private utility, including the right of passage, openings and balconies, view rights, watercourses, dividing walls, and more. It concludes by offering insights into the interaction between easements and individual common rights, shedding light on these complex legal relationships
I have high hopes that this book will fulfil its intended purpose. Rest assured, I will keep you informed as soon as it becomes available on the shelves.
