The legal implication of the property title report for the notarial profession

Abstract

This Term Paper examines Legal Notice 355 of 2012 with particular reference to the legal implications of the Property Title Report. Following an absence of legislation in relation to searches to be conducted by Notaries, this Legal Notice, along with an amendment which gave rise to Article 84C of Chapter 55 of the Laws of Malta, regulated this process and introduced the concept of the Property Title Report. Chapter 1 discusses the problematic void arising through the absence of legislation and sets out the questions which will be analysed in the chapters which follow. Chapter 2 reviews the legislation implemented which guides the Notary in examining title and in addition it critically analyses literature and studies conducted on this topic. The methodology adopted in this research is examined in Chapter 3. Following the interviews conducted as explained in this chapter, the Findings and Discussions in Chapter 4 analyse and critically examine the opinions gather, from which recommendations are given. Lastly, Chapter 5 concludes this study by giving further recommendations for obstacles which Notaries face in examining title. Now that examination of title is regulated by L.N. 355 of 2012, Notaries have guidance on how to perform this function diligently and how far the extent of their responsibility goes. However, it arose from this study that the compilation of the Property Title Report is burdensome on these professionals and it has been suggested that the formalities it entails are converted into something less formal which ultimately gives out the same result. This study takes into consideration the interest of working Notaries. However, it also seeks to recommend for further amendments, keeping in mind the importance of safeguarding public interest.