Abuse of rights theory in Maltese property law : a proposal draft legislation

Abstract

The issue of disturbances arising between neighbours is increasingly being raised in Maltese Courts as a basis of a civil suit. One may attribute its escalating popularity to the growing urbanisation of the Maltese Islands, owing to situations where residential homes and industrial establishments with heavy machinery, often emitting excess noise, fumes and odours, are built within meters of each other. Such scenarios are exponentially becoming more common. Even more so considering the drive towards demolition and construction of properties which may border with places of residence causing great inconvenience during the stages of development. The theory of abuse of rights caters for such situations. The following paper provides an insight into the relevant substantive articles contained in Maltese legislation and their application by the Courts. A study of the historical developments and a comparative analysis will enhance an understanding of the concept under Maltese law. The paper also aims to answer what constitutes a grave molestation and whether the substantive provisions are sufficient to be applied to a wavelength of situations while providing information to the average reader of the law not having a legal education.