Civil LawProcedural LawProperty Law Time-bar period for water leakages commences when the damages are obvious Since water leakages take time to emerge the time-bar period of two years does not start when the leakage took place. This was held in…Malcolm MifsudJune 14, 2025
Property Law Additional pipes and windows cannot be placed if not referred to in the contract The servitudes mentioned in the contract are not to be added on if not agreed to, according to a judgement delivered by Judge Anna Felice…Malcolm MifsudMay 30, 2025
Civil LawProperty Law When the wording of a contract is clear there is no need for any other interpretation The parties of a contract should enter into that contract in good faith and thus the execution of that contract should be in terms of…Malcolm MifsudMarch 28, 2025
Property Law The defendant must be involved in the transaction For a Defendant to be the correct Defendant, it must be shown that prima facie he or she were involved in the transaction. This was…Malcolm MifsudMarch 3, 2025
Property Law Developer to bear expenses for reconstructing a common party wall when the bearing capacity of the wall is exceeded The Developer must bear the expenses for reconstructing a common party wall when the height proposed in the development cannot be supported by the common…Cedric MifsudJanuary 18, 2025
Civil LawProperty Law Damages lawsuit requires proof of direct link between action and its alleged consequences An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed.…Malcolm MifsudDecember 28, 2024
Property Law Before depositing rent in court, a tenant must first offer payment A deposit of rent in court is only valid if the tenant first offers payment to the owner. If payment is rejected then the tenant…Malcolm MifsudNovember 28, 2024
Civil LawProperty Law Payment of rent by agricultural produce has to be subject to a written agreement An agricultural lease may be paid by fruit or vegetables; however, the law dictates this must be mentioned in a written agreement. This was held…Malcolm MifsudNovember 22, 2024
Property Law Court orders eviction of tenant despite co-ownership of property In a recent decision by the Rent Regulation Board, a tenant occupying a house in which he is a co-owner was ordered to vacate the…adminSeptember 26, 2024
Property Law Understanding the Deed of Assignment ecent legal trends have seen an increase in the assignment of rights acquired under Promise of Sale Agreements. In a typical Deed of Assignment, the…adminSeptember 2, 2024