An analysis on the prescription of servitudes under Maltese law

Abstract

This dissertation aims to explore extensively how servitudes over immovable property are acquired or extinguished due to prescriptive periods, focusing on the legal implications of how such a practice works in view of both residential tenements and also in view of rural or agricultural tenements. With Particular reference to Chapter 16 of the Laws of Malta, this study aims to give a wider interpretation of what is a prescriptive period and how it may be exercised. A substantial number of cases on the issue of servitudes, and the prescriptive period of such servitudes, allowed the court to give a clearer and wider definition on how such a right may be acquired over a span of time stipulated by law. However, a prescriptive period for the acquisition of an easement may be interrupted as stipulated in the civil code and, therefore, this study will also examine modes and methods of how a prescriptive period may be interrupted. Nevertheless, the topic of servitudes or easements is wide-ranging and extends over many different circumstances in which one may exercise a real right over a property. Therefore, this dissertation comprises a study on how different forms of easements acquire a right of servitude (or, to the contrary, forfeit the real right by way of prescription), as well as analysing local jurisprudence and interpretations by our local courts in such instances of servitudes.