The proprietary registrable act under the proposed Central Registry Act

Abstract

The first chapter deals with the question of why is registration necessary. It starts with an explanation of the notion of ownership and how this is acquired through different means in the case of immovables as opposed to movables. This is followed by how this distinction leads to the reason behind registration. The second chapter gives a historical outline of the development of land registration in Malta and in so doing it puts forward the pitfalls of the land and public registry systems. This chapter aims to highlight the driving forces which led to the drafting of the Central Registry Act and describes in brief the workings and the objectives of the system of a central registry. The third chapter deals with the registrable act and the manner in which it is defined in the proposed law, focusing mainly on registrable acts of a proprietary nature, while pointing out how the personal registrable acts compliment the proprietary ones. The chapter ends by analysing the different types of proprietary registrable acts and shows how the classification of the Maltese current system of registered and unregistered land has been done away with. The fourth chapter which specifically deals with the proprietary registrable acts under the proposed law, tries as much as possible to analyse in detail each and every proprietary registrable act and the particular category under which each act falls, in order to justify the fact whether the proprietary registrable acts as listed in the proposed list are in reality of a proprietary nature or whether they should have been listed as personal registrable acts. The underlying theme behind this chapter is that the more registrable acts there are, the more certainty of ownership is enhanced. The fifth chapter deals with the effects of registration, focusing on the registration of the proprietary registrable act and the various consequences which its registration entails. This chapter highlights the notion of registration as an essential part of the process of creating rights.