                         LAND REGISTRATION          [ CAP. 296.        1
CHAPTER 296
LAND REGISTRATION ACT
To establish a Land Registry to regulate the registration of title to land, and to make
provision for matters incidental thereto or connected therewith.
(1st March, 1982) *
(15th November, 1982) †
Enacted by ACT XXXV of 1981, as amended by Acts: VIII of 1982, XI and XIII of 1983, IV
of 1985, XII of 1989, VIII of 1990, XXI of 1993, VII and XXIV of 1995, and VI of 1996. 
ARRANGEMENT OF ACT
* See  subsection (2) of section 1 of the Act as originally enacted, which subsection is being omitted under the
Statute Law Revision Act, 1980, and Legal Notice 128 of 1981.
† See  Legal Notice 54 of 1982.
‡Part VA   (sections 37A to 37F) repealed by Act VII of 1995.
§ Part VI (sections 38 to 42) repealed by Act VII of 1995.
Sections 
Part I.  Preliminary  1-2 
Part II.  Administrative Provisions  3-9 
Part III.  Registration of Land  10-25 
   Compulsory Registration  10-16 
   Voluntary Registration  17 
   Preliminaries to Registration  18-20 
   Effects of Registration  21-25 
Part IV.  Dealings with Registered Land  26-34 
     Dispositions of Land  26-27 
   Charges on Land  28-33 
   Transmission of Registered Land and Charges  34
Part V.  Cautions  35-37 
Part VA.  Cautionary Charges  ‡  
Part VI.  Land and Charge Certificates  §    
Part VII.  General Provisions concerning Registration  43-50 
Part VIII.  Rectification of Register and Indemnity  51-53 
Part IX.  Miscellaneous Provisions  54-58 
Part X.  Rules and Fees Orders  59-60 
  2      CAP. 296. ]                  LAND REGISTRATION
PART I
PRELIMINARY
Short title. l. This Act may be cited as the Land Registration Act. 
Interpretation. 
Amended by: 
VIII. 1982.2; 
XII. 1989.2; 
VII.1995.2.
2. In this Act, unless the context otherwise requires - 
"charge" means a special privilege over immovables and a
special hypothec, including a special hypothec derived from a
general hypothec whether legal, judicial or conventional;
"compulsory registration area" means any area in Malta declared
by the Minister to be a registration area under section 10 of this Act
and includes any area declared or deemed to be a registration area
by or under any other law;
"declaratory registration area" means any area in Malta declared
as such by the Minister in virtue of sections 15 or 16 of this Act;
"land" includes building and any other construction or works;
"land situated in a registration area" includes land to which this
Act applies as if it were so situated;
"Land Registrar" means the public officer in charge of the Land
Registry in accordance with section 4 of this Act;
"Minister" means the Minister responsible for Land Registry;
"overriding interests" means the interests described as such in
section 43 of this Act;
"person" includes a physical or legal person, whether such
person is corporate or unincorporate;
"prescribed" means prescribed by rules under this Act; 
"register" includes the day-book containing the progressive
number of applications submitted, the register of titles or the
register of charges, and any other document on which annotations
are to be made in virtue of this Act, and "registered" shall be
construed accordingly;
"registrar" means the Land Registrar and any assistant registrar
or other officer of the Land Registry authorized in that behalf by
the Land Registrar;
"registration area" means a compulsory registration area or a
declaratory registration area as the case may be;
"transfer", when used in relation to a charge, includes the
subrogation in the right of the proprietor of the charge.
PART II 
ADMINISTRATIVE PROVISIONS
Land Registry. 3. (1) There shall be an office in Malta to be called the Land
Registry for the purposes of registration of titles to land.
(2) The Land Registry shall consist of two branches, one in the
                         LAND REGISTRATION          [ CAP. 296.        3
Island of Malta where the titles to land in that island shall be
registered, and the other in Gozo where the titles to land in Gozo
and Comino shall be registered.
Land Registrar and 
other officers.
Amended by:
VII.1995.3.
4. (1) The business of the registry shall be conducted by a
public officer who shall be appointed for that purpose and shall be
known as the Land Registrar, with such officers (namely, assistant
registrars, clerks and other employees) as may from time to time be
deemed to be required.
(2) A person shall not be qualified to be appointed Land
Registrar unless he is an advocate or a notary public of not less than
seven years’ standing.      
(3) A person shall not be qualified to be appointed assistant
registrar unless he is an advocate or a notary public or a legal
procurator of not less than three years’ standing.
(4) During any vacancy in the office of the Land Registrar, all
the functions, powers and authorities by this Act or by any other
law assigned to or conferred on the Land Registrar shall be
exercised by an assistant registrar designated by the Minister to act
as Land Registrar and all acts done by an assistant registrar so
designated shall have the same effect in all respects as if they had
been done by the Land Registrar.
Conduct of 
business of 
registration.
5. (1) Subject to the provisions of this Act, the Land
Registrar shall conduct the whole business of registration under
this Act and shall frame and cause to be printed or otherwise
reproduced and circulated or otherwise promulgated such forms
and directions as he may deem requisite or expedient for
facilitating proceedings under this Act.
(2) The Land Registrar may delegate to any assistant registrar
all or any of his functions, powers or authorities assigned to or
conferred on him by this Act or any other law, and may at any time
revoke or vary such delegation:
Provided that no such delegation shall be deemed to divest
the Land Registrar of any of his functions, powers or authorities
and he may, if he thinks fit, exercise such functions, powers or
authorities collaterally with the assistant registrar so delegated.
Power of registrars 
to summon 
witnesses and 
production of 
maps, etc.  
Amended by:
XIII. 1983.5; 
VIII. 1990.3.
6. (1) The registrar may administer an oath or take a sworn
declaration in pursuance of this Act for any of the purposes of this
Act and may also, by summons under his signature, require the
attendance of all such persons as he may think proper in relation to
the registration of any title; he may also, by like summons, require
any person having the possession or custody of any map, survey,
book or other document relating to land to produce such map,
survey, book or other document for his inspection; and he may
examine upon oath any person appearing before him and administer
an oath accordingly.
(2) If any person, after the delivery to him of such summons as
aforesaid, or of a copy thereof, wilfully neglects or refuses to
attend in pursuance of such summons, or to produce such maps,
  4      CAP. 296. ]                  LAND REGISTRATION
surveys, books or other documents as he may be required to
produce under the provisions of this Act, or to answer upon oath or
otherwise such questions as may be lawfully put to him by a
registrar under the powers of this Act, he shall be guilty of an
offence and shall be liable, on conviction by the Court of
Magistrates, to a fine ( multa ) not exceeding one hundred liri.
Departments may 
furnish information 
to registrar.
Amended by:
VII.1995.4.
7. Notwithstanding the provisions of any law enjoining
secrecy, a government department shall, within the prescribed time,
furnish to the Land Registrar on his request such particulars and
information in regard to land and charges as he is by law entitled to
require owners of property to furnish to him direct.
Exclusion of 
liability for acts 
done in good faith 
by registrar.
8. (1) The Land Registrar shall not, nor shall an assistant
registrar nor any person acting under the authority of the Land
Registrar or an assistant registrar, or under any order or general
rule made in pursuance of this Act, be liable, in damages or
otherwise, to any action or proceeding for or in respect of any act
or matter done or omitted to be done in good faith and with
ordinary diligence in the exercise or supposed exercise of the
powers of this Act, or any order or general rule made in pursuance
of this Act.
(2) The Government shall not be liable, in damages or
otherwise, for anything done or omitted to be done under this Act;
without prejudice to the provisions of this Act relating to indemnity
payable thereunder.
Seal of Land 
Registry.
9. There shall be a seal of the Land Registry and any
documents purporting to be sealed with that seal shall be
admissible in evidence and, unless the contrary is shown, shall be
deemed, without further evidence, to be issued by or under the
direction of the Land Registrar.
PART III 
REGISTRATION OF LAND
Compulsory Registration
Registration areas. 
Amended by: 
VII.1995.5.
10. (1) The Minister shall, from time to time, by order in the
Gazette, declare areas in Malta to be registration areas, and shall
define such areas by reference to a map included in the order and in
such other manner as he may deem appropriate, and such areas
shall be known as compulsory registration areas.
(2) Where land is registered under the provisions of subsection
(2) of section 12, subsection (2) of section 14, sections 15, 16, 16A
or 17 of this Act that land shall henceforth be deemed to be a
compulsory registration area.
(3) The Minister may also declare an area to be partly a
compulsory registration area and partly a declaratory registration
area, and moreover the same area may be declared to be such a
registration area for giving effect to all or any of the purposes and
                         LAND REGISTRATION          [ CAP. 296.        5
provisions of this Act.
Inapplicability of 
other laws to 
registration areas. 
Amended by: 
IV.1985.2; 
XII.1989.3. 
Cap. 16. 
Cap. 12. 
Cap. 88. 
11. The provisions of section 996 of the Civil Code and of
section 239 of the Code of Organization and Civil Procedure, as
well as any other provision of those Codes or of any other law
relative to the registration of certain transfers in the Public
Registry, and which is inconsistent with this Act, shall cease to be
operative in respect of land situated in any registration area, and in
respect of land that has been registered:
Provided that the provisions of section 22 of the Land
Acquisition (Public Purposes) Ordinance, shall have effect
notwithstanding any provision of this Act, and this Act shall apply
and be construed so as to give full effect to the provisions of the
Ordinance aforesaid.
Conveyance of 
land in registration 
area must be 
registered to 
become operative.
Amended by: 
VII.1995.7.
Cap. 364.
12. (1) In any registration area - 
( a ) every contract conveying the ownership of immovable
property, or any real right over such property, or
whereby any act having the effect of conveying the
ownership of immovable property, or any real right
over such property, is dissolved, rescinded or revoked,
and every contract creating or varying any such right
or whereby any such right is converted into any other
of such rights or is waived, and every contract
whereby immovable property is partitioned, and every
contract having a declaratory effect as to the
ownership of, or any real right over, immovable
property (including a deed made for the purpose of the
Duty on Documents and Transfers Act, but excluding
any other deed of inventory), and every contract of
antichresis; and 
( b ) every judgment whereby any act having the effect of
conveying the ownership of immovable property, or
any real right over such property, is dissolved,
rescinded or revoked, or which directly adjudges the
transfer of the ownership of immovable property, or of
any real right over such property, or which has the
effect of creating a hypothec, and every hypothec
arising by operation of law; and
Cap. 16.
( c ) every conveyance of immovable property by judicial
sale, and every redemption of groundrent effected in
accordance with section 1501 of the Civil Code,
in so far as the land comprised in the contract, judgment, judicial
sale or in the schedule of redemption or affected by the hypothec is
situated within a registration area, shall, in no case, commence to
be operative, with regard to third parties, until and unless the title
to the land conveyed or affected, whether beneficially or adversely,
by any contract, judgement, judicial sale, redemption or hypothec
as aforesaid, is registered in the day-book in the manner prescribed.
(2) The registrar may, in his discretion, likewise register the
title to land situated outside a registration area and comprised in
  6      CAP. 296. ]                  LAND REGISTRATION
any contract, judgment, judicial sale or redemption as aforesaid or
affected by any such hypothec as aforesaid and in any such case he
shall make such entries in the register as are appropriate; and where
land is so registered this Act shall apply thereto as if it were
situated in a registration area.
Duties of notaries 
public receiving 
acts affecting land 
in registration 
areas.  
Amended by: 
XIII. 1983.5; 
VII.1995.8;
XXIV.1995.362;
VI.1996.2.
13. (1) A notary public receiving any of the contracts referred
to in paragraph ( a ) of subsection  (1)  of section 12 of this Act, and
to which that section applies, shall, within fifteen days from the
date of the deed, apply, in the manner prescribed, for the
registration of the title to the land affected and for the appropriate
entries to be made in the register.
(2) If a notary public fails to comply with the requirements of
this section, he shall, in addition to his liability for any damage that
may have been sustained in consequence of his default, be liable,
on conviction by the Court of Revision of Notarial Acts, to a fine
( ammenda ) not exceeding twenty liri:
Provided that a notary public shall be deemed to have
complied with the requirements of this section if, in the meantime,
an application for registration as aforesaid shall have been filed in
the registry by any party interested or by a notary or an advocate or
legal procurator on behalf of any such party.
(3) Where under section 12 of this Act the title to land is to be
registered and any entries in the register are to be made following a
judgment or a judicial sale or redemption or a hypothec created by
operation of law, application therefor shall be made, in the manner
prescribed, by any party interested or by an advocate, or a notary
public or a legal procurator, on behalf of any such party:
Provided that no such application shall be entertained until it
is certified by the Registrar of Courts that the judgment has become
res judicata  or that the adjudication is final. 
Registration of title 
to land comprised 
in a succession.
Amended by:
VII.1995.9;
VI.1996.3.
Cap.12.
14. (1) On the opening of the succession of any person, the
title to land comprised in the transmission and situated in any
registration area shall, unless it is already so registrable in virtue of
section 12 of this Act, be registered in the name of the persons in
whose favour such land may have passed, on an application made
in the prescribed manner, and any disposal or partition of such land
or any dealing therewith shall not be entered into before the title
thereto has been registered, and in the case of a declaration of the
opening of a succession in virtue of section 536 of the Code of
Organization and Civil Procedure, the court shall order the
applicant to make such registration within fifteen days from the
declaration, and appoint a curator, so that in the absence of such
registration by the applicant, such registration shall be made by the
curator so appointed at the expense of the applicant.
(2) The registrar may, in his discretion, extend the provisions
of subsection  (1)  of this section to any land situated outside the
aforesaid registration area and comprised in a transmission which
includes land situated in the aforesaid registration area; and where
that subsection is so extended the registrar shall register such land
and this Act shall apply thereto as if it were situated in a
                         LAND REGISTRATION          [ CAP. 296.        7
registration area.
The Minister may 
order that certain 
lands be registered. 
Added by: 
XI. 1983.2.
Amended by: 
VII.1995.10;
VI.1996.4.
15. (1) The Minister may from time to time, by order in the
Gazette direct that any title to land shall be registered whether such
land is or is not in a registration area.
(2) The Minister may make such order either:
( a ) with reference to particular areas which shall be
defined by reference to a map or maps included in the
order or in such other manner as he may deem
appropriate; or
( b ) with reference to any person or group of persons; or 
( c ) with reference to the nature of the right in or over the
land.
(3) The Minister may in any such order direct that such
registration shall be made within a period to be fixed in the order,
which period shall in no case be of less than three months.
(4) Where land is registered by virtue of this section, this Act
shall apply thereto as if it were situated in a registration area.
(5) Any person who - 
( a ) fails to comply with an order made by the Minister in
virtue of subsection  (1)  of this section; or
( b ) in the course of any proceedings before the registrar or
a court in pursuance of this Act, and in relation to any
land which is to be registered pursuant to an order
made by the Minister in virtue of subsection  (1)  of this
section, with intent to conceal the title or claim of any
person, or to substantiate a false claim, suppresses,
attempts to suppress, or is privy to the suppression of,
any document or fact; or
( c ) in relation to any land which is to be registered
pursuant to an order made by the Minister in virtue of
subsection  (1)  of this section, fraudulently procures, or
attempts fraudulently to procure, or is privy to the
fraudulent procurement of, any entry on, erasure from
or alteration of, the register or any certificate or
document,
shall be guilty of an offence against this Act and, on conviction,
shall be liable to the penalties established under subsection (6) of
this section.
(6) The Minister may in any order made in virtue of subsection
(1)  of this section establish the penalties to which a person guilty of
an offence in accordance with subsection (5) hereof in relation to
such order shall be liable; such penalty shall not be more severe
than those established in section 58 of this Act.
(7) The provisions of this section shall be deemed to have been
complied with if the application is submitted by any interested
party.
  8      CAP. 296. ]                  LAND REGISTRATION
Registration of 
certain rights. 
Added by:
XI. 1983.2. 
Amended by: 
VII.1995.11.
16. (1) The Minister may, from time to time, by order in the
Gazette, direct that the rights referred to in any of the paragraphs
( a ) to ( l ) of subsection  (1)  of section 43 of this Act shall be
declared to the registrar, whether the land subject to such rights is
or is not in a registration area and whether such land is registered or
not.
(2) The Minister may make such order either:
( a ) with reference to particular areas which shall be
defined by reference to a map or maps included in the
order or in such other manner as he may deem
appropriate; or
( b ) with reference to any person or group of persons
whose land is subject to any right referred to in
subsection  (1)  of this section; or
( c ) with reference to any person or group of persons in
whose favour or in favour of whose land any right
referred to in subsection  (1)  of this section exists.
(3) The Minister may in any such order direct that such
declaration shall be made within a period to be fixed in the order,
which period shall in no case be less than three months.
(4) The declaration referred to in subsection  (1)  of this section
shall be made on such form issued by the registrar as is provided in
subsection  (1)  of section 5 of this Act and shall be accompanied by
such information and documents as the registrar may require.
(5) The registrar shall keep a roll of, or otherwise enter in the
register, the declarations made in pursuance of subsection  (1)  of
this section.
(6) The Minister may in any such order provide that any person
in whose favour any right declared to the registrar has been
transferred shall, within fifteen days from such transfer, give notice
thereof to the registrar on such form issued by the registrar as is
provided in subsection  (1)  of section 5 of this Act; and the registrar
shall note such transfer in the manner provided in subsection (5) of
this section.
(7) The provisions of subsections (5), (6) and (7) of section 15
of this Act, shall  mutatis mutandis  apply to an order made by the
Minister under this section.
Registration of 
property of 
unknown owners. 
Added by: 
VII.1995.12.
16A. (1) Where land or a share in such land, or any rights in or
over it are registerable or declarable in virtue of the provisions of
section 15 or 16 of this Act, and the owner or presumed owner is
unable or unwilling to apply for its registration within the time
prescribed, the registrar shall, without prejudice to any liability
incumbent on any person under the said sections, register such land
or make the appropriate declaration on behalf of unknown owners
and such land shall be administered by the Government on behalf
of such unknown owners. The Commissioner of Land shall each
year publish a list of such property in the Gazette.
(2) Where land is registered or declared on behalf of unknown
owners by the registrar, he shall also register any charges, cautions,
                         LAND REGISTRATION          [ CAP. 296.        9
servitudes or other overriding interests, or any other right
registerable in accordance with this Act as may affect such land and
of which he may be aware.
(3) The provisions of section 23 of this Act shall apply to any
registration or declaration made in virtue of subsections  (1)  and (2)
of this section.
(4) Upon the lapse of thirty years, unless the registration shall
have been successfully challenged in terms of subsection (3) of this
section, such land shall be registered with guaranteed title in favour
of and in the name of the Government of Malta, free and
unencumbered except for such charges, cautions, servitude or other
overriding interests or other rights that were duly registered in
accordance with subsection (2) of this section:
Provided that if the charge, caution, servitude, other
overriding interest or any other registerable right is in favour of
land which is itself registered on behalf of unknown owners, but
with reference to such land, the period of thirty years mentioned in
this subsection has not yet elapsed, then the servient land shall be
registered as subject to such charge, caution, servitude, other
overriding interest or other right, which shall be extinguished only
when the period of thirty years as established in this subsection
elapses also in respect of the dominant land.
(5) Rights registered on behalf of unknown owners shall in like
manner pass in favour of the Government upon the lapse of thirty
years from their declaration.
Voluntary Registration
Voluntary 
registration title to 
land.
17. (1) Subject to such conditions and procedures as may be
prescribed and without prejudice to the provisions of subsection (2)
of section 12 and of subsection (2) of section 14 of this Act, the
registrar may, in his discretion, and either on his own initiative or
on an application in that behalf, register the title to any land,
whether such land is or is not in a registration area; and in any such
case he shall make such entries as may be appropriate.
(2) Where land is registered by virtue of this section, this Act
shall apply thereto as if it were situated in a registration area.
 Preliminaries to Registration
Duties of registrar.
shall be conducted in the manner prescribed:
Provided that - 
( a ) due notice shall be given, where the giving of such
notice is prescribed, and sufficient opportunity shall be
afforded to any persons desirous of objecting to state
their objections to the registrar; and
( b ) the registrar shall have jurisdiction to hear and
determine any such objections subject to an appeal to
the Court of Appeal in the prescribed manner and on
the prescribed conditions; and
  10      CAP. 296. ]                  LAND REGISTRATION
( c ) if the registrar, upon the examination of any title, is of
the opinion that the title is open to objection, but is
nevertheless a title the holding under which will not be
disturbed, he may approve of such title, or may require
the applicant to apply to the court, upon a statement
signed by the registrar, for its sanction to the
registration.
Duties of applicant 
for registration. 
Amended by: 
VII.1995.13.
19. (1) Before the completion of the registration of any title to
land in respect of which an examination is required, the applicant
for registration and his legal advisor shall each, if required by the
registrar, make a sworn declaration that, to the best of his
knowledge and belief, all deeds, wills and other documents and all
charges and encumbrances affecting the title which is the subject of
the application, and all facts material to such title, have been
disclosed in the course of the investigation of title made by the
registrar, and he may further be required by the registrar to state
what means he has had of becoming acquainted with the several
matters referred to in this section. 
(2) Where an application for registration is incompatible with a
title which is already registered in the registry in such manner that
the registration cannot be effected, the applicant may lodge a
caution and the provisions of Part V of this Act shall apply thereto,
unless the land is registered with a guaranteed title, in which case
the applicant may only seek the rectification of the register.
Taxing of costs of 
registration.
Amended by: 
XXIV.1995.362.
20. (1) All costs, charges and expenses that are incurred by
any party in or about any proceedings for registration shall be taxed
by the registrar who shall also, in his discretion, unless the parties
agree otherwise, determine by order in writing the persons by
whom and the proportions in which such costs, charges and
expenses are to be paid, regard being had to the following
provision, namely, that any applicant under this Act is liable  prima
facie  to pay all costs, charges and expenses incurred by or in
consequence of his application, except - 
( a ) in a case where the rights of the parties who object are
sufficiently secured without their appearance; and
( b ) where any costs, charges or expenses are incurred
unnecessarily or improperly.
(2) Any order made by the registrar under this section shall
have the same effect as if the costs, charges or expenses had been
taxed by the Registrar of Courts and shall likewise be subject to
revision by the court.
Effects of Registration
How land may be 
registered. 
Substituted by: 
VII.1995.14.
21. (1) On the application for first registration of land, charge
or other registerable right, whatever the title under which such
land, charge or right has passed to the person applying for
registration, the Registrar shall issue to that effect a certificate for
the title to that land, charge or other registerable right, according to
the title under which the land, charge or right has passed to that
person.
                         LAND REGISTRATION          [ CAP. 296.        11
(2) Where land is according to any other law to be registered
with a guaranteed title, or where land is to be registered in favour
of the Government of Malta, or where registration is sought
pursuant to a transfer by the Government of Malta, it shall be
registered with a guaranteed title.
(3) Where land is registered, it shall be deemed to have been so
registered with effect from the date on which the application for
registration has been entered in the daybook.
Effects of 
registration with 
guaranteed title. 
Amended by: 
VII.1995.15;
VI.1996.5.
22. The registration of any person as proprietor of land with a
guaranteed title shall confer on the person so registered an
indefeasible title thereto, that is to say, a title not liable to be
defeated except as provided in this Act, together with all rights,
privileges and appurtenances belonging or appurtenant to the land,
subject to the following rights and interests, that is to say - 
( a ) subject to the encumbrances and other interests, if any,
appearing on the register; and
( b ) unless the contrary is expressed on the register, subject
to such overriding interests, if any, as affect the
registered land; and
( c ) with regard to land held on emphyteusis, subject to all
implied and express covenants, obligations and
liabilities incident to the registered land,
but free from all other rights and interests whatsoever:
Provided that if the Minister, in virtue of the provisions of
section 16 of this Act, directs that any or all of such rights or
overriding interests shall be registered, the provisions of this
section shall not apply with regard to those rights or interests which
have to be registered but are not so registered.
Effects of 
registration  with a 
title which is not 
a guaranteed title . 
Amended by: 
VII.1995.16;
VI.1996.6.
23. (1) The registration of any person as proprietor of land
with a title which is not a guaranteed title shall not affect or
prejudice the enforcement of any right or interest adverse to or in
derogation of the title of the first registered proprietor and
subsisting or capable of arising at the time of the first registration
of the land; but, save as aforesaid, shall have the same effect as
registration with an absolute title.
(2) Without prejudice to sections 16A and 46 of this Act, the
registrar shall, unless an application for the interruption of
prescription or other caution having the same effect has been
lodged, convert the title into a guaranteed title on the lapse of ten
years from first registration.
Registration with a 
qualification. 
Amended by: 
VII.1995.17.
24. (1) Where on the examination of the title it appears to the
registrar that the title can be established only for a limited period,
or is subject to a condition or to certain reservations, the registrar
may, by an entry made in the register, except from the effect of
registration any right or interest arising before a specified date or
under a specified instrument or otherwise particularly described in
the register.
  12      CAP. 296. ]                  LAND REGISTRATION
(2) The registration of a person as proprietor of land with a title
qualified in terms of this section shall have the same effect as the
registration of such person with a title, or a guaranteed title, as the
case may be, save that such registration shall not affect or prejudice
the enforcement of any right or interest appearing by the register to
be excepted.
Persons entitled to 
be registered as 
proprietors of land.
25. The following persons only may be registered as
proprietors of land, that is to say - 
( a ) the owner, the  dominus , the emphyteuta, the bare
owner, the usufructuary; 
( b ) the person in whom the absolute possession of the
property of an absentee and the absolute exercise of
the rights depending upon his death have been granted
by a judgment or order of the court; and
( c ) the competent authority holding land in use and
possession or on public tenure, or any assignee of such
rights, and the person entitled to the acquisition rent or
the recognition rent:
Provided that the holder of a legal usufruct may not be
registered as proprietor, but may have his interest protected on the
register.
PART IV
DEALINGS WITH REGISTERED LAND 
Dispositions of Land
Transfer of 
registered land. 
Amended by: 
IV. 1985.5; 
VII.1995.18.
26. (1) The proprietor may, subject to any entry in the register
to the contrary, transfer the registered land or any part thereof, and
upon such transfer an application shall be submitted within fifteen
days from the date of deed of transfer, the notary publishing the
deed shall make a reference therein to the certificate of title number
whereby the transferred land is registered; and where a notary fails
to make such reference, an extra fee for the registration of such
transfer as may be prescribed, shall be due by such notary.
(2) The transfer of registered rights over the land or part
thereof shall be completed by the registrar entering, on the
certificate, the transferee as the proprietor of the rights transferred
on application made in virtue of subsection  (1)  of this section; and
where part only of the land is transferred, this shall also be noted,
and separate certificates showing the different parts owned shall be
issued: and the provisions of subsection (3) of section 21 shall
apply  mutatis mutandis  to the registration of such transfers.
(3) All interests transferred or created by dispositions by the
proprietor, other than a transfer of the registered rights over the
land or part thereof, shall, subject to the provisions relating to
charges, be completed by registration in the same manner and with
the same effect as provided by this Act with respect to transfers of
                         LAND REGISTRATION          [ CAP. 296.        13
registered rights; and notice thereof shall also be noted on the
register:
Provided that nothing in this subsection shall authorise the
registration of a lease or shall render necessary the registration of
any easement except as appurtenant to registered land, or the entry
of notice thereof except as against the registered title of the
servient land.
Disposition of 
registered land. 
Amended by: 
VII.1995.19.
27. (1) A disposition of land registered with a guaranteed title,
or of any right thereon in respect of which the holder may be
registered as proprietor, shall, when registered, confer on the
person in whose favour the disposition is made an indefeasible title
thereto, that is to say, a title not liable to be defeated except as
provided in this Act, together with all rights, privileges and
appurtenances belonging or appurtenant to the land, subject - 
( a ) to the encumbrances and other interests, if any,
appearing on the register; and
( b ) unless the contrary is expressed on the register, to the
overriding interests, if any, affecting the land or right
transferred or created; and
( c ) with regard to land held on emphyteusis, to all implied
and express covenants, obligations and liabilities
incident to the land or right transferred or created,
but free from all other interests whatsoever.
(2) A disposition of land registered with a guaranteed title
qualified in terms of section 24 of this Act, or of any right thereon
in respect of which the holder may be registered as proprietor,
shall, when registered, have the same effect as it would have had if
the land had been registered with a guaranteed title, save that such
disposition shall not affect or prejudice the enforcement of any
right or interest appearing by the register to be excepted.
(3) A disposition of land registered with a title which is not a
guaranteed title, or of any right thereof in respect of which the
holder may be registered as proprietor, shall not affect or prejudice
the enforcement of any right or interest adverse to or in derogation
of the title of the first registered proprietor and subsisting or
capable of arising at the time of the registration of such proprietor;
but, save as aforesaid, shall, when registered, have the same effect
as it would have had if the land had been registered with a
guaranteed title: 
Provided that where the land was registered with a title,
which is not a guaranteed title, qualified in terms of section 24 of
this Act, such dispositions shall not affect or prejudice the
enforcement of any right or interest appearing in the register to be
excepted.
Charges on Land
Charges on 
registered land.
28. (1) The proprietor of registered land may, subject to any
entry in the register to the contrary, charge the registered land in
the same manner and to the same extent as if the land had not been
  14      CAP. 296. ]                  LAND REGISTRATION
registered; and registered land may be charged by operation of law
or of a judgment in the same manner and to the same extent as if the
land had not been registered:
Provided that a charge shall not be registered unless the land
comprised in the charge is, in the deed or other document creating
the charge or required for the registration of a charge created by
operation of law or of the judgment, described by reference to the
register or in any other manner sufficient to enable the registrar to
identify the same without reference to any other document.
(2) Any provision contained in a charge which purports to -
( a ) take away from the proprietor thereof the power of
transferring it by registered disposition or of requiring
the cessation thereof to be noted on the register; or
( b ) affect any registered land other than that in respect of
which the charge is to be expressly registered,
shall be void.
Charges on land 
situate in a 
registration area 
but not registered. 
Added by: 
VII.1995.20.
28A. (1) Land situate in a registration area, but which has not
been registered, may, subject to the following provisions of this
section, be charged by agreement, by operation of law or by
judgment to the same extent and in the manner as if that land had
been registered.
(2) A charge registered in accordance with subsection  (1)  of
this section shall be subject to the condition that on the date of the
application for its registration, the debtor was an owner of the land
subject to such charge and was not in any way incapacitated from
charging the land, and shall affect the land subject to it only to the
extent that the debtor is the owner of, or has an interest in, such
land.
(3) Subject to the provisions of subsection (2) of this section, a
charge registered in accordance with subsection  (1)  of this section
shall affect any person acquiring the land to the same extent and in
the same manner as if such land had been registered and that charge
had been a charge in respect of that registered land.
(4) When the registrar receives an application for the
registration of the land subject to the charge registered in
accordance with subsection  (1)  of this section, he shall, if the
person applying for the registration is the debtor referred to in the
charge or derives title from such a debtor who was the owner of
such land and to the extent of such ownership, register the charge
as a charge on the title to the land so registered.
(5) Without prejudice to the foregoing provisions of this
section, a charge registered in accordance with subsection  (1)  of
this section shall have the same effect as a caution lodged with the
registrar to the effect that the land subject to the charge shall not be
registered for the first time in favour of any person until notice has
been served upon the proprietor of the charge; and subsection (3) of
section 35 and section 37 of this Act shall apply to a proprietor of a
charge registered in accordance with subsection  (1)  of this section
as they apply to a cautioner.
                         LAND REGISTRATION          [ CAP. 296.        15
Registration of 
charges.
Amended by: 
VI.1996.8.
29. (1) The charge shall be completed by the registrar entering
on the register the person in whose favour the charge is to subsist as
the proprietor of such charge, and the particulars of the charge.
(2) When the land in respect of which a charge is registered, is
registered with a title which is not a guaranteed title or with a title
qualified in terms of the provisions of this Act, the charge shall
take effect subject to the provisions of this Act with respect to land
registered with such a title.
Charge effective 
only if registered. 
Amended by: 
IV. 1985.6 
Substituted by: 
VII.1995.21.
30. A charge shall not affect a person acquiring any
registered land or right thereon unless the charge is protected by an
entry on the register. Where such entry is made it shall be deemed
to have been made on the date on which the application therefor has
been entered in the day-book.
Ranking of 
charges. 
Amended by: 
VII.1995.22.
31. Subject to the provisions established by law and to any
entry to the contrary on the register, registered charges on the same
land shall, as between charges of the same kind and not enjoying
any intrinsic priority, rank according to the order of the progressive
number relative thereto in the day-book.
Transfer of 
charges. 
Amended by: 
VII.1995.23. 
Cap. 56.
32. (1) A registered charge may be transferred in the same
manner and to the same extent as if it were a charge registered
under the provisions of the Public Registry Act, and the provisions
of section 12 of this Act shall also apply to such transfers.
(2) The transfer shall be completed by the registrar entering on
the register the transferee as proprietor of the charge transferred, or
of so much of the charge as is transferred, and the Registrar shall
issue a charge certificate specifying the details relative to such
charge in the prescribed manner, and he shall also annotate the
charge number on the certificate of title when this is completed.
(3) The provisions of section 26 of this Act shall,  mutatis
mutandis , apply to transfers of charges under this section.
Extinction of 
charges. 
Amended by: 
VII.1995.24.
33. (1) The registrar shall, on the requisition of the proprietor
of any charge, or on due proof of the satisfaction or extinction,
whole or partial, thereof, notify on the register in the prescribed
manner, by cancelling or varying the original entry or otherwise,
the cessation, whole or partial, of the charge, and thereupon the
charge shall be deemed to have ceased, in whole or in part,
accordingly.
Cap.16.
(2) Charges shall be extinguished in the same manner as is
provided in the Civil Code for the extinction of hypothecs and
privileges.
Transmission of Registered Land and Charges
Transmission of 
registered land and 
charges. 
Amended by: 
VII.1995.25.
34. (1) On the opening of succession of the sole proprietor or
of anyone of the proprietors, the successor or successors shall be
entitled to be registered as proprietor or proprietors in his place.
(2) The fact of any person having become entitled to any
registered land or charge in consequence of the opening of
succession of any proprietor shall be proved in such manner as the
registrar may determine.
  16      CAP. 296. ]                  LAND REGISTRATION
(3) The registration of a successor in place of the proprietor
under this section may be qualified in the same manner as is
provided in section 24 of this Act even if the land is registered
without such qualification.
(4) Subject as aforesaid, provision may be made by rules for
the manner in which effect is to be given to transmissions on death
or on the taking of religious vows.
PART V 
CAUTIONS 
Cautions against 
first registrations.
Amended by: 
VII.1995.26.
35. (1) Any person having or claiming such an interest in land
which is not already registered or in respect of which no
application for first registration has yet been made, as entitles him
to object to the registration of a right over the land affecting the
interest of the cautioner may lodge a caution with the registrar to
the effect that no registration of such right is to be made until
notice has been served upon the cautioner.
(2) The caution shall be supported by a sworn declaration
stating the nature of the interest of the cautioner, the land and right
thereon to be affected by such caution, and such other matter as
may be prescribed.
(3) After any such caution against registration has been lodged
in respect of land not already registered, registration shall not be
made of such right until notice has been served on the cautioner to
appear and oppose, if he thinks fit, such registration, and the
prescribed time has elapsed since the date of the service of such
notice, or the cautioner has entered an appearance, whichever may
first happen. 
Cautions against 
dealing in land.  
Amended by: 
XXI. 1993.88.
36. (1) Any person - 
( a ) having or claiming an unregistered real right over land
registered in the name of any other person; or
( b ) who has lodged a demand for the declaration of
bankruptcy of a registered proprietor of land or of a
charge; or
( c ) who has lodged a demand for the interdiction or
incapacitation of a registered proprietor of land or of a
charge; or
( d ) who, being the spouse of a registered proprietor of
land or a charge, requires to protect any right over the
registered land or charge, arising in virtue of any law
regulating matrimonial relationship; or
( e ) who, having entered into a written promise of sale or
emphyteusis with the registered proprietor regarding
any such land,
may lodge a caution with the registrar to the effect that no
                         LAND REGISTRATION          [ CAP. 296.        17
disposition of such land or charge on the part of the proprietor is to
be registered until notice has been served upon the cautioner.
(2) The caution shall be supported by a sworn declaration
stating the nature of the interest of the cautioner, the land to be
affected by such caution, and such other matters as may be
prescribed.
(3) After any such caution against dealings has been lodged in
respect of any registered land or charge, the registrar shall not,
without the consent of the cautioner, register any disposition or
make any entry on the register for protecting the rights acquired
under any dealing by the proprietor with such land or charge until
he has served notice on the cautioner, warning him that his caution
will cease to have any effect after the expiration of the prescribed
number of days next following the date at which such notice is
served; and after the expiration of such time as aforesaid the
caution shall cease unless an order to the contrary is made by the
registrar, and upon the caution so ceasing the registered land or
charge may be dealt with in the same manner as if no caution had
been lodged.
(4) If, before the expiration of the said period, the cautioner, or
some other person on his behalf, appears before the registrar, and,
where so required by the registrar, gives sufficient security to
indemnify every party against any damage that may be sustained by
reason of any dealing with the registered land or charge, or the
making of such entry as aforesaid, being delayed, the registrar may
thereupon, if he thinks fit to do so and after giving any directions
he may deem necessary or expedient, delay registering any dealing
with the land or charge or making any such entry for such period as
he thinks just.
Appeal from 
registrar’s 
decision.
Amended by: 
VII.1995.28.
37. (1) Any person aggrieved by any act done by the registrar
in relation to a caution under this Act may appeal to the Court of
Appeal in the prescribed manner.
(2) A caution lodged in pursuance of this Act shall not
prejudice the claim or title of any person and shall have no effect
whatever except as in this Act mentioned.
(3) If any person lodges a caution with the registrar without
reasonable cause, he shall be liable to make to any person who may
have sustained damage by the lodging of the caution such
compensation as may be just.
(4) Saving the provisions of the last foregoing subsection, a
cautioner may apply to withdraw a caution at any time.
(5) A person shall not be deemed to have registered a caution
without reasonable cause for the purposes of subsection (3) of this
section, in so far as and to the extent that, in the plans lodged with
the caution, in good faith and without negligence, he may have
included land which ought not to have been so included.
(6) The lodgement of a caution is not an application for the
registration of the claim or title in protection of which the caution
is lodged and shall not exempt the person lodging the caution from
  18      CAP. 296. ]                  LAND REGISTRATION
the filing of the relevant applications, if any, for the registration of
any title or claim.
PART VA *
PART VI  †
*Part VA (sections 37A to 37F) was added by Act IV of 1985 and repealed by section
29 of Act VII of 1995. 
See  also transitory provisions hereunder (section 38 of Act VII of 1995):
    38.    (1)   On the coming into force of the repeal of Parts VA and VI of this Act (30
June 1995), no applications for a cautionary charge shall be entertained and any
cautionary charge entered in the Land Registry prior to the coming into force of the
said repeal shall be deemed to be a charge entered in accordance with section 28A of
this Act.
   (2)   All Land and Charge Certificates issued prior to the 30 June 1995 shall be
admissible in evidence only as proof of their contents as on their date of issue.
     (3)   Where prior to the coming into force of subsection (1) of section 14 of this Act
(30 June 1995), on the opening of succession of any person, the title to the land
comprised in the transmission and situated in any registration area has not been
registered in the name of the persons in whose favour such land may have passed, it
shall be deemed that the provisions of section 14 of the principal Act, as in force prior
to the coming into force of the said subsection (1) of section 14, did not apply to any
such land:
       Provided that the Land Registrar may, after giving such notice as he may deem fit,
register such land in the name of the persons in whose favour such land may have
passed or in the name of their successors in title, in accordance with the provisions of
the Land Registration Act (Cap.296.) as amended by Act VII of 1995, and the
provisions of the Land Registration Act (Cap.296.) empowering the said registrar to
require any person to produce any document or information shall apply also for the
purposes of this proviso.
    (4)    The titles to the land registered in virtue of Legal Notice Number 37 of 1983,
and listed in the following subsection of this section shall be deemed to have been
duly and regularly registered in accordance with the provisions of the Land
Registration Act (Cap.296.) and any dealing with such land after the coming into force
of this subsection (30 June 1995) shall be registerable in the Land Registry as if such
land were situated in a registration area:
   Provided that any transfer or charge in relation to such land registered in the Public
Registry after the issue of the said Legal Notice and before the 30 June 1995 shall be
deemed to be an overriding interest and the provisions of section 43 of the Land
Registration Act (Cap.296.) shall apply thereto.
   (5)    The titles to the land to which subsection (4) hereof applies are the following:
Certificates of Title numbers 547200001, 547200002, 546900003, 567300008, and
from 547400004 to 547400007 (both numbers inclusive).
    (6)    Where before the 30 June 1995, a qualified title has been issued by the registrar
in accordance with the provisions of the Land Registration Act (Cap.296.) as in force
prior to the 30 June 1995, it shall be deemed to be a title registered in accordance with
the corresponding provisions of the Land Registration Act (Cap.296.) as amended by
the provisions of Act VII of 1995, qualified in accordance with section 24 of the Land
Registration Act (Cap.296.) as amended by the provisions of Act VII of 1995.
   (7)    Any absolute title or possessory title registered before the 30 June 1995 shall be
deemed to be a guaranteed title and a title which is not a guaranteed title respectively
and any reference in any other law to registration with a possessory title and
registration with an absolute title shall be construed as a reference to a registration
with a title which is not a guaranteed title and registration with a guaranteed title,
respectively. 
†Part VI (sections 38 to 42) was repealed by section 29 of Act VII of 1995.
                         LAND REGISTRATION          [ CAP. 296.        19
PART VII
GENERAL PROVISIONS CONCERNING REGISTRATION
Overriding 
interests.  
Amended by: 
VII.1995.30.
43. (1) All registered land shall, unless under the provisions
of this Act the contrary is expressed on the register, be deemed to
be subject to such of the following overriding interests as may be
for the time being subsisting in reference thereto, that is to say - 
( a ) easements;
( b ) tithes and other burdens;
( c ) rights acquired or in the course of being acquired by
prescription, or through forfeiture or as  bona vacantia ; 
( d ) the rights of every person in actual occupation of the
land, save where enquiry by means of a judicial act is
made of such person and the rights are not disclosed; 
( e ) in the case of any title even if qualified in terms of
section 24 of this Act, all rights, interests and powers
excepted from the effect of registration;
( f ) the rights of the Government to and over minerals
established or protected by law;
( g ) leases;
( h ) general privileges, general hypothecs and the benefit
of separation of estates duly registered under the laws
in force at the time such rights may have arisen;
( hh ) special privileges and special hypothecs encumbering
the land and registered in the Public Registry before
the land encumbered became comprised in a
registration area;
Cap. 88.
( i ) the rights of the competent authority acquired under
the Land Acquisition (Public Purposes) Ordinance
unless and until registered or protected on the register
in the prescribed manner;
( j ) shooting and similar rights;
( k ) legal usufructs unless and until they are protected on
the register in the prescribed manner;
( l ) the rights of the heirs of a predeceased spouse over
property comprised in the community of acquests and
registered in the name of the other spouse:
Provided that, where it is proved to the satisfaction of the
registrar that any land registered or about to be registered is free
from easements or free from tithes and other burdens, the registrar
may notify the fact on the register in the prescribed manner.
(2) Where at the time of first registration any easement or other
real right or any tithes or burdens created by a public deed or by a
will and duly registered under the laws in force at the time such
rights may have arisen, adversely affect the land, the registrar shall
enter a note thereof on the register.
  20      CAP. 296. ]                  LAND REGISTRATION
(3) Where the existence of an overriding interest mentioned in
this section is proved to the satisfaction of the registrar or admitted,
he may (subject to any prescribed exceptions) enter notice of the
same, or a claim thereto on the register, but no claim to an
easement not created by a public deed shall be noted against the
title to the servient land if the proprietor of such land (after the
prescribed notice is given to him) shows sufficient cause to the
contrary.
Disposition by 
virtue of overriding 
interests.
44. Where by virtue of any interest or power which is an
overriding interest a person disposes or causes the disposal of any
right over registered land, and the disposition is capable of being
registered, or has such an interest in land as is capable of being
registered, the registrar shall, if so required, give effect to the
disposition or the interest on the register.
Appurtenances. 
Amended by: 
VII.1995.31.
45. If before the registration of any interest in land with a
guaranteed title any easement or other right has been acquired for
the benefit thereof, then, on such registration, the easement or right
shall, subject to an entry to the contrary on the register, become
appurtenant to the registered land in like manner as if it had been
granted to the proprietor who is registered as aforesaid.
Acquisition of land 
by prescription. 
Amended by: 
VII.1995.32.
46. (1) Any person claiming to have acquired by prescription
a title to land registered in the name of another person may apply to
be registered as proprietor thereof.
(2) The registrar shall, on being satisfied as to applicant’s title,
enter the applicant as proprietor with a guaranteed or other title,
including any qualification, as the case may require, but without
prejudice to any right or interest protected by an entry on the
register which may have not been extinguished by prescription; and
such registration shall, subject as aforesaid, have the same effect as
the registration of a first proprietor; but the proprietor or the
applicant or any other person interested may apply to the competent
court for the determination of any question arising under this
section.
(3) The provisions of this section may be applied, subject to the
necessary modifications, to cases where an easement or other real
right has been acquired by prescription.
(4) The provisions of this section may also be applied with the
necessary modifications to cases where a title to land is acquired by
the Government through forfeiture or as  bona vacantia.
Interruptions of 
prescription to be 
noted on register.
47. Any act capable of interrupting the running of prescription
in relation to registered land, or to a registered charge, or to a debt
protected by a registered charge or by a right which is an overriding
interest in registered land, shall not affect an acquirer of any
interest in such land unless and until notice thereof is noted on the
register on an application made in the prescribed manner.
Description of 
registered land. 
Amended by: 
IV.1985.14. 
48. Registered land may be described -
( a ) by means of a verbal description and a filed plan or
general map, based on the official map of the land
registry; or
                         LAND REGISTRATION          [ CAP. 296.        21
( b ) by reference to a deed or other documents, a copy or
extract whereof is filed at the registry, containing a
sufficient description and a plan or map thereof; or
( c ) otherwise as the applicant for registration may desire,
and the registrar may approve,
regard being had to ready identification of parcels, correct
description of boundaries, and, so far as may be, uniformity of
practice; but the boundaries of all land and all requisite details in
relation to the same shall, whenever practicable, be entered on the
register or filed plan, or general map; and the filed plan, if any, or
general map shall be used for assisting the identification of land.
Conversion of title 
into a guaranteed 
title.
Amended by: 
VII.1995.33;
VI.1996.9.
49. (1) ( a )   Upon the lapse of the time referred to in subsection (2)
of section 23 of this Act, the registrar shall, subject to
the following subsection of this section after giving
such notice, if any, as may be prescribed, register such
title as a guaranteed title whether the proprietor
consents to such registration or not.
( b ) Where the registrar is satisfied that either as a result of
the additional evidence produced to him or otherwise
in his possession, or as a result of time, or as a result of
both, he may, subject to the following provisions of
this section and any other provision of this Act, after
giving such notices, if any, as may be prescribed,
remove any qualification entered in the register in
terms of this Act, whether the proprietor consents to
such removal or not.
(2) If any claim adverse to the title of the proprietor has been
made, an entry shall not be made on the register under this section
unless and until the claim has been disposed of.
(3) Any person, other than the proprietor, who suffers loss by
reason of any entry on the register made by virtue of this section
shall be entitled to be indemnified under this Act as if a mistake
had been made in the register.
Addresses for 
service and 
notices.
50. (1) Every person whose name is entered on the register as
proprietor of any registered land or charge, or as cautioner or as
entitled to receive any notice, or in any other character, shall
furnish to the registrar a place of address in Malta.
(2) Every notice by this Act required to be given to any person
shall be served personally, or sent through the post in a registered
letter marked outside "Land Registry", and directed to such person
at the address furnished to the registrar and, unless returned, shall
be deemed to have been received by the person addressed within
such period, not less than three days, exclusive of the day of
posting, as may be prescribed.
(3) The Postmaster-General shall give directions for the
immediate return to the registrar of all letters marked as aforesaid,
and addressed to any person who cannot be found and on the return
of any letter containing any notice, the registrar shall act, in the
matter requiring such notice to be given, in such manner as may be
  22      CAP. 296. ]                  LAND REGISTRATION
prescribed.
(4) An acquirer of an interest in registered land shall not be
affected by the omission to send any notice by this Act directed to
be given or by the non-receipt thereof.
PART VIII
RECTIFICATION OF REGISTER AND INDEMNITY
Rectification of the 
register.  Amended 
by: VII.1995.34.
51. (1) The register may be rectified pursuant to an order of a
court of competent jurisdiction or by the registrar, subject to an
appeal to the Court of Appeal, in any of the following cases, but
subject to the provisions of this section:
( a ) subject to any express provision of this Act to the
contrary, where a court of competent jurisdiction has
adjudged that any person is entitled to any right or
interest in or to any registered land or charge, and as a
consequence of such decision such court is of opinion
that a rectification of the register is required, and
makes an order to that effect;
( b ) subject to any express provision in this Act to the
contrary, where the Court of Appeal, on the
application in the prescribed manner of any person
who is aggrieved by an entry made in, or by the
omission of an entry from, the register, or by any
default being made, or unnecessary delay taking place,
in the making of an entry in the register, makes an
order for the rectification of the register;
( c ) in any case and at any time with the consent of all
persons interested;
( d ) where a court of competent jurisdiction or the registrar
is satisfied that an entry in the register has been
obtained by fraud or violence and in the case of the
court, an order is made for the rectification of the
register;
( e ) where two or more persons, not being jointly entitled
thereto, are, by mistake, registered as proprietors of
the same right over registered land or of the same
charge;
( f ) in any other case where, by reason of any error or
omission in the register, or by reason of any entry
made under a mistake, it may be deemed just to rectify
the register.
(2) The register may be rectified under this section
notwithstanding that the rectification may affect any rights, charges
or interests acquired or protected by registration, or by any entry on
the register, or otherwise.
                         LAND REGISTRATION          [ CAP. 296.        23
(3) The register shall not be rectified, except for the purpose of
giving effect to an overriding interest, so as to affect the title of the
proprietor who is in possession - 
( a ) unless such proprietor is a party or privy or has caused
or substantially contributed, by his act, neglect or
default, to the fraud, violence, mistake or omission in
consequence of which such rectification is sought; or
( b ) unless the immediate disposition to him was void, or
the disposition to any person through whom he claims
otherwise than under an onerous title was void; or
( c ) unless for any other reason, in any particular case, it is
considered that it would be unjust not to rectify the
register against him.
(4) The registrar shall obey the order of any court of competent
jurisdiction in relation to any registered land on being served with
the judgment or an official copy thereof accompanied by a
statement by the Registrar of the Court certifying that the judgment
has become  res judicata.
(5) A court shall not make an order for the rectification of the
register unless the Land Registrar is a party to the proceedings in
respect of which the order is made.
(6) Except for the purpose of giving effect to an overriding
interest, no entry in the register shall be rectified after the lapse of
ten years from the date on which it is made:
Provided that nothing in this subsection shall be construed as
affecting the right of any person to claim damages from any person
liable thereto.
(7) On every rectification of the register any certificate or
document which may be affected shall be produced to the registrar
unless an order to the contrary is made by him.
Right to indemnity 
in certain cases.
52. (1) Subject to the provisions of this Act to the contrary,
any person suffering loss by reason of any rectification of the
register under this Act shall be entitled to be indemnified under this
Act.
(2) Where an error or omission has occurred in the register, but
the register is not rectified, any person suffering loss by reason of
such error or omission, shall, subject to the provisions of this Act,
be entitled to be indemnified under this Act.
(3) Where any person suffers loss by reason of the loss or
destruction of any document lodged at the registry for inspection or
safe custody or by reason of an error in any official search, he shall
be entitled to be indemnified under this Act.
(4) Subject as hereinafter provided, a proprietor of any
registered land or charge claiming in good faith under a forged
disposition shall, where the register is rectified, be deemed to have
suffered loss by reason of such rectification and shall be entitled to
be indemnified under this Act.
  24      CAP. 296. ]                  LAND REGISTRATION
(5) No indemnity shall be payable under this Act in any of the
following cases:
( a ) where the applicant has himself caused or substantially
contributed to the loss by his fraud or violence, or
derives title (otherwise than under a disposition under
an onerous title which is registered or protected on the
register) from a person so committing fraud or
violence;
( b ) where the register is not rectified in accordance with
subsection (6) of section 51 of this Act;
( c ) where the register is rectified to give effect to an
overriding interest;
( d ) on account of costs incurred in taking or defending any
legal proceedings without the consent of the registrar.
(6) Where an indemnity is paid in respect of the loss of a right
over or an interest in or a charge on land, the amount so paid shall
not exceed - 
( a ) where the register is not rectified, the value of the
right, interest or charge at the time when the error or
omission which caused the loss was made;
( b ) where the register is rectified, the value (if there had
been no rectification) of the right, interest or charge,
immediately before the time of rectification.
(7) The registrar may, if the applicant desires it, and subject to
an appeal to the Court of Appeal, determine whether a right to
indemnity has arisen under this section, and, if so, award
indemnity. In the event of an appeal to the court the applicant shall
not be required to pay any costs except his own, even if
unsuccessful, unless the court considers that the appeal is
unreasonable.
(8) In granting any indemnity the registrar may have regard to
any costs and expenses properly incurred in relation to the matter,
and may add the same to the amount of the indemnity money which
would otherwise be payable.
(9) Where indemnity is paid for a loss, the registrar, on behalf
of the Government, shall be entitled to recover the amount paid
from any person who has caused or substantially contributed to the
loss by his fraud, violence, negligence or default, and shall be
entitled to enforce any express or implied covenant, warranty or
other right which the person who is indemnified would have been
entitled to enforce in relation to the matter in respect of which
indemnity has been paid.
(10) Any claim to indemnity under this Act shall be enforceable
only if made within five years from the date on which the right to
indemnity arises, and such period shall run against all persons:
Provided that where the person entitled to indemnity is a
minor the claim by him may be made within two years from the
time he attains majority or within five years from the date on which
the right to indemnity arises, whichever may be the later date.
                         LAND REGISTRATION          [ CAP. 296.        25
(11) This section applies to the Government in like manner as it
applies to a private person.
Insurance fund.
indemnity payable under this Act.
(2) There shall be set aside and paid into the said fund at the
end of each financial year such portion of the receipts from the fees
taken in the registry under this Act as the Minister responsible for
finance may by order determine.
(3) The insurance fund shall be invested in such names and
manner as the said Minister may from time to time direct.
(4) If the insurance fund is at any time insufficient to pay
indemnity for any loss chargeable thereon, the deficiency shall, by
virtue of this Act and without further assurance, be charged on and
paid out of the Consolidated Fund; but any sum so paid out of the
Consolidated Fund shall be repaid out of the money subsequently
standing to the credit of the insurance fund.
(5) Accounts of the fund shall be kept and be audited as public
accounts, in accordance with such regulations as the Minister
responsible for finance may from time to time make.
PART IX 
MISCELLANEOUS PROVISIONS
Inspection of 
register and copies.
54. (1) Any person may, on payment of the prescribed fee,
inspect any register or document in the custody of the registrar
relating to any registered land or charge.
(2) Any person may, on payment of the prescribed fee, require
the registrar to make copies of and extracts from any register or
document in the custody of the registrar relating to any registered
land or charge.
Admissibility in 
evidence of office 
copies, etc.
55. Office copies of and extracts from the register, and of and
from documents and plans filed in the registry, shall be admissible
in evidence in all actions and matters, and between all persons and
parties, to the same extent as the originals would be admissible, but
any person suffering loss by reason of the inaccuracy of any such
copy or extract shall be entitled to be indemnified under this Act,
and no person shall be answerable in respect of any loss occasioned
by relying on any such copy or extract.
Suppression of 
documents or facts.
56. If in the course of any proceedings before the registrar or a
court in pursuance of this Act any person, with intent to conceal the
title or claim of any person, or to substantiate a false claim,
suppresses, attempts to suppress, or is privy to the suppression of,
any document or fact, the person so suppressing, attempting to
suppress, or privy to suppression, shall be guilty of an offence.
Fraudulent entries.
Amended by: 
VII.1995.35.
57. (1) If any person fraudulently procures, or attempts
fraudulently to procure, or is privy to the fraudulent procurement
  26      CAP. 296. ]                  LAND REGISTRATION
of, any entry on, erasure from or alteration of the register, or any
other document held at or issued by the Land Registry shall be
guilty of an offence.
(2) Any entry, erasure, or alteration so made by fraud shall be
void as between all persons who are parties or privy to the fraud.
Penalty.  
Amended by: 
XIII. I983.5.
58. A person guilty of an offence under this Act shall, on
conviction, be liable to imprisonment for a term not exceeding four
years or to a fine ( multa ) not exceeding five thousand liri, or to
both such imprisonment and fine.
PART X
RULES AND FEES ORDERS
Rules. 
Amended by: 
IV. 1985.15; 
VII.1995.36;
VI.1996.10.
59. (1) Subject to the provisions of this Act, the Minister may
make general rules for the purpose of regulating the manner,
procedure or conditions in which or under which the provisions of
this Act are to be carried out, for the purpose of regulating such
matters as are by this Act required or authorized to be prescribed or
in respect of which provision is to be made by rules, and generally
for the purpose of regulating any matter connected with the
establishment and management of a land registry and the
registration of title to land.
(2) Without prejudice to the generality of the provisions of
subsection  (1)  of this section, rules made under this section may
also be made for all or any one or more of the following purposes:
( a ) for regulating the mode in which the register is to be
made and kept;
( b ) for prescribing the forms to be observed, the
precautions to be taken, the instruments to be used, the
notices to be given, and the evidence to be adduced in
all proceedings before the registrar or in connection
with registration;
( c ) for regulating the procedure on application for first
registration;
( d ) empowering the registrar to order or conduct the
survey of any land in connection with its registration
under this Act; 
( e ) for regulating the custody of any documents from time
to time coming into the hands of the registrar, with
power to direct the destruction of any such documents
where they have become altogether superseded by
entries in the register, or have ceased to have any
effect;
( f ) for carrying out the provisions of this Act with respect
to compulsory registration;
( g ) for the conduct of official searches against cautions,
inhibitions, and such matters of a like nature as may be
                         LAND REGISTRATION          [ CAP. 296.        27
prescribed;
( h ) for allowing the insertion in the register, and in
certificates, of the price paid or value declared on first
registrations, transfers, and transmissions of land;
( i ) for prescribing the way any notices required by this
Act, are to be given;
( j ) for the registration, by way of notice, on the first
registration of the land, of any easement, right, or
privilege, created by an instrument and operating at
law, which appears to affect adversely the land, and so
far as practicable by reference to the instrument
creating the same;
( k ) for enabling any person who acquires any such
easement, right, or privilege, after the date of first
registration of the land, to require (subject to notice
being given to the owner of the servient land) entry to
be made in the register of notice of the same, and so
far as practicable by reference to the instrument
creating the right;
( l ) for enabling the first or any subsequent proprietor to
require that notice of his title to any such right or
interest, whether acquired under an instrument or by
prescription or otherwise, be entered in the register,
and, so far as practicable, by reference to the
instrument (if any) creating the right or interest, and
for prescribing the effect of any such entry;
( m ) for regulating the issue and forms of certificates, and,
if deemed desirable, for prescribing any special
notification on the certificate to be given by way of
warning when encumbrances, notices, and other
adverse entries appear on the register;
( n ) for providing for the cases in which the registrar may
grant a certificate that an intended disposition is
authorised and will be registered if presented;
( o ) for prescribing the effect of priority notices and of
priority cautions and inhibitions;
(p) for providing for any matter ancillary to or
consequential to the computerisation of the Land
Registry;
( q ) for adapting the provisions of this Act relating to
transfers of registered land to other dispositions
authorised to be made by a proprietor;
( r ) for enabling entries to be made in the register on the
surrender, extinguishment or discharge of any
subsisting interest without previously registering the
title to the interest which is merged or extinguished.
Fees.
Minister responsible for finance, make orders with respect to the
amount of fees payable for anything done or service rendered under
  28      CAP. 296. ]                  LAND REGISTRATION
this Act.
(2) The fee orders relating and incidental to registration of title
shall be changed from time to time so as to produce, as far as
practicable, an amount sufficient to discharge the salaries and other
expenses (including the annual contributions to the insurance fund)
incidental to the working of this Act.
