Property Law Legitimate expectations are not set in stone The changes in circumstances may allow a change in legitimate expectations. This was held by the Court of Appeal, presided over by the Chief Justice…MMA EditorJune 19, 2023
Procedural LawProperty Law You can only sell what you have A promise of sale agreement could not have been entered into because the seller did not yet own the property. This was held in John…MMA EditorJune 15, 2023
Constitutional LawProperty Law A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgement Following a constitutional judgement declaring that the owner’s property rights have been infringed, a tenant may be evicted if he solely rests upon the articles…MMA EditorMay 23, 2023
Civil LawProperty Law Representation must be proven Those who claim to represent a party in a lawsuit have to prove their representation. This was held in Dr Michelle Tabone on behalf of…Marthese HiliApril 23, 2023
Civil LawProperty Law Majority co-owners may sell property if all conditions are fair The Court must be satisfied that the minority of co-owners of a property will not be prejudiced with the sale of their property by the…MMA EditorFebruary 7, 2023
Civil LawProperty Law A new lease agreement is deemed to be renunciation of the old lease agreement When a landlord does not accept the termination of a lease agreement, but rents the same property to a third party, this would in fact…MMA EditorNovember 20, 2022
Civil LawProperty Law Representation in a contract must be indicated If a party is representing another party in an agreement or a contract must be indicated to the Parties.Marthese HiliMay 8, 2022
Property Law Parties may not follow through on promise-of-sale if earnest (kapparra) is paid If the purchaser pays earnest (kapparra) the parties may not contract the sale, however, the payment will have to be refunded or else the vendor…MMA EditorApril 24, 2022
Civil LawConstitutional LawProperty Law When public interest comes into play The authorities may take measures in private property in order to safeguard public health and within the pubic interest. This was held in a judgement…MMA EditorApril 3, 2022
Property Law Landlord cannot claim full di fermo period if property is rented to third party A landlord may not claim the rent for the full di fermo period if the same landlord had rented the property to a third party…MMA EditorFebruary 7, 2022