A critical analysis of the difficulties within the Maltese hybrid registration system and the proposed way forward

Abstract

In this study, the author analyses the notarial institutions and their functions vis-à-vis the Maltese Sphere. A detailed analysis is given to the Public Registry and the Land Registry which are currently working in parallel line towards the same scope. The author through a critical lens reviews the problems and disadvantages of our current hybrid system and criticises the current status quo. Emphasis is placed on the Central Registry Bill. The Central Registry Bill was the answer to our current hybrid registration system however for two consecutive legislatures, the bill was stuck at plenary level ergo the author explores other foreign systems especially the system of Scotland for the simple reason that Scotland amalgamated the public registry with the land registry in the last years therefore the author depicts the differences and similarities between these two systems. Moreover, the system of land registration in England is analysed and discussed in the fourth chapter giving the reader a spectrum of understanding of more than one different land registration systems. Having delved into the foreign systems, the author then explores the future considerations and other mechanisms which are currently being discussed with the possible lead to a proper registration system along with a fully harmonised system between all notarial departments.