Property Law

Property Law

Shortfalls in appraisement of property do not result in the suspension of a judicial sale by auction

The said provision of the law states that in the valuation of immovable property the experts shall include a description of the property stating the…

Mifsud & Mifsud AdvocatesAugust 17, 2018

Constitutional Law Property Law

Constitutional Court confirms unjust nature of band club rental laws, raises compensation sums

This case was an appeal by the defendants who held that the decision taken by both the First Hall Civil Court as well as the…

Malcolm MifsudJuly 27, 2018

Property Law

When landlord offers tenant alternative accommodation, this has to be done in good faith

Article 9(a) of the Reletting of Urban Property (Regulation) Ordinance allows the owner to take back the property for his own requirements and this must…

Malcolm MifsudMay 25, 2018

Property Law

Court explains elements of Article 495A

The particular elements of this section in the Civil Code were explained by Honourable Judge Mark Chetcuti in the case of Abela Carmelo Et vs…

Malcolm MifsudMay 23, 2018

Property Law

Refund of deposit takes place when promise of sale expires

The Court ordered that a deposit paid on a promise of sale of a property be refunded not because of a breach of the agreement…

Malcolm MifsudApril 26, 2018

Property Law

Knowledge of spoliation is sufficient

The defendant need not be the person who carried out the spoliation, but the knowledge that the works were being carried is sufficient for that…

Malcolm MifsudFebruary 9, 2018

Civil Law Property Law

No need of interpretation when the wording of a contract is clear

The Court does not need to try to interpret an agreement, when the wording is clear and will apply that clear wording. This was decided…

Malcolm MifsudJanuary 26, 2018

Property Law

Rent Regulation Board, not the courts, is competent to hear all cases concerning rent

The First Hall of the Civil Court referred a case to the Rent Regulation Board after it decided that it was not competent to hear…

Malcolm MifsudDecember 10, 2017

Property Law

Parties may compete with different titles over the same properties

If two parties are making claims on the same property, the plaintiff may be allowed to show the Court that he has a better title…

Malcolm MifsudNovember 10, 2017

Civil Law Property Law

The repossession of a property must be clearly mentioned as an action of spoliation

This was held in a judgement delivered by Mr Justice Silvio Meli on 24 October 2017 in Vincent Arnaud v Salvina Abela. In his application…

Malcolm MifsudNovember 3, 2017

Shortfalls in appraisement of property do not result in the suspension of a judicial sale by auction

Constitutional Court confirms unjust nature of band club rental laws, raises compensation sums

When landlord offers tenant alternative accommodation, this has to be done in good faith

Court explains elements of Article 495A

Refund of deposit takes place when promise of sale expires

Knowledge of spoliation is sufficient

No need of interpretation when the wording of a contract is clear

Rent Regulation Board, not the courts, is competent to hear all cases concerning rent

Parties may compete with different titles over the same properties

The repossession of a property must be clearly mentioned as an action of spoliation

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