Rules regulating the right of 'appogg'

Abstract

In Maltese Law, the term "Right of 'Appogg'" does not simply mean the right of a co-owner of a wall to lean a building against a common wall. The marginal note to Section 450 of Chapter 23 of the Laws of Malta reads. "Right of Support" ("Jedd ta' Appogg"). The text of-that provision refers "inter alia" to the right of a co-owner of a wall to lean a building against a common wall. 'Appogg' as referred to in that Section has been interpreted in an expansive manner. The term ''Right of "Appogg"' (Dritt ta' l-appogg) has also been used by the Court of Appeal in the leading case, 'Bonnici vs Spiteri', to refer to the right of a neighbour to acquire the co-ownership of a wall which is contiguous to his tenement, for the purpose of leaning a building against such a wall, i.e. a right granted by Section 455· (of the Civil Code). The Court stated that this right of "appogg" involves the transfer of the co-ownership of a wall, which the exclusive owner of a boundary wall is forced to make to his neighbour who leans a building against such wall. . This case effectively indicates that an "appogg" in terms of Section 450 effects the transfer of co-ownership of a wall in terms of Section 455, i.e. that provision which grants the right of acquisition of co-ownership of a wall. The Courts have interpreted the term "appogg'' in a wide manner as to include various uses of a wall. Such uses by a neighbour would appear to justify an action for payment based on Section 455.