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 interpretation articulated by Mr Justice Giannino Caruana Demajo, which insists on prior payment as a condition precedent. The article ultimately calls for legislative clarification
