Year: 2026

In a recent judgment delivered on 26th March 2026, the First Hall of the Civil Court addressed an increasingly common issue in property disputes: whether long-term occupation and alleged verbal arrangements are sufficient to establish a valid agricultural lease over privately owned land. The case concerned an agricultural land situated in Żabbar. The plaintiffs instituted […]

In Maltese property law, the promise of sale agreement, commonly known as the konvenju, has long been treated as a legal ticking clock. For decades, a rigid interpretation of Article 1357 of the Civil Code fostered what many practitioners came to regard as a procedural trap: if a vendor failed to file a judicial letter […]

In a previous contribution, we had explained that easments, or as we often refer to them, servitudes, are defined as a right established for the advantage of a tenement (dominant) over another tenement (servient) belonging to another person, for the purpose of making use of such other tenement or of restraining the owner from the […]

The Court of Appeal, in a judgement delivered on the 17th June 2025 (Case 65/20) confirmed the decision of the First Court whereby the owner of the airspace was found to have breached the rights of the owners of underlying apartments who had the right of use of the roof. The owners of the apartments […]