The disintegration of the institute of emphyteusis from 1970 to date

Abstract

The institute (and contract) of emphyteusis is an ancient one: the emphyteuta is given the status of a quasi-owner with all the relative rights and duties. This type of contract still affects a large number of properties in Malta and thus influences our land development. Chapter one gives a brief introduction regarding the definition of emphyteusis and its essential requites. Reference is made to Roman Law because it is the origin of this contract. An account of the position of emphyteusis prior and post 1970 is also given. The second chapter gives an account of how divisibility of groundrent, introduced in 1976 affected the institute of emphyteusis. Another important development in the institute of emphyteusis occurred in 1979, through the amendments to the Housing and Decontrol Ordinance. The aim of the Chapter 3 shall be to examine whether these amendments have helped to strengthen or mitigate the institute of emphytheusis. The legal tool of compulsory redemption of groundrent, which was introduced in 1981, strengthens the idea of this analysis. In Chapter 4 the effects of these amendments shall be considered only in the light of the development or otherwise of the institute of emphytheusis. After 1997, schemes were issued by Joint Office for the redemption of temporary groundrent, these continued to erode the institute of emphyteusis. This is illustrated in chapter 5. Chapter 6 is an overview of the use and development of emphyteusis by successive Maltese Governments during the last decades. Conclusion: Quo vadis emphytheusis? Particularly, the institute of emphyteusis has come in handy in contracts signed by the Government of Malta. It is the aim of the Government to grant its property on emphyteusis under certain conditions and restrictions to the private sector, so that, the said property will revert after a number of years, to the Government with the improvements made thereon.