Amendments in the proposed Central Registry Act which add to the certainty of title to ownership of immovable property, with particular reference to overriding interests

Abstract

The purpose of chapter one is to provide an introduction to the subject before I embark on the detailed examination of the Land Registration Act and the Central Registry Bill in the remaining Chapters. The second chapter gives a historical outline of the development of land registration in Malta whilst pointing to the advantages and disadvantages of a system based on the registration of deeds and a system based on registration of title. The third chapter continues with the examination of the present situation under the Land Registration Act focusing on overriding interests, their definition, their criticisms and a detailed consideration of each one of them. Chapter four discusses the amendments on the method of registration of title to immovable property which have been proposed in the Central Registry Act whilst determining to what extent they bring about more certainty to title. Chapter five then reviews overriding interests in the proposed Central Registry Act and it also discusses whether the term 'overriding interests' should be maintained or abolished with regards to those third party rights which will cease to affect the property once a guaranteed title is issued. Chapter six provides an assessment to determine whether it is constitutionally right to deprive a third party of his fundamental right to the enjoyment of property for the sake of conferring certainty of title. Chapter seven then deals with indemnity and the grounds upon which rectification of the register may be ordered. Since rectification of the register is allowed, it also examines to what extent certainty of title can be achieved.