Historico-legal aspects of the ownership and use of Manoel island

Abstract

The scope of this dissertation is to delve into the main uses and ownership of Manoel Island, the legal instruments used for both the ownership and its uses along the last five centuries. This dissertation will cover from the fief given to the Nobel Family Guevara and the first transfer recorded in 1570 from the feudal ownership by the Guevara nobels to the Cathedral Chapter of Imdina till the last transfer which took place in the year 2000 by a concession given by the Government of Malta to a private developer to develop the Island. This concession includes the obligation to restore the dilapidated historic buildings. The main focus here is the status of these instruments and the pertinent legislation that affected the ownership and use of Manoel Island. Particular reference is made to the latest change of ownership, namely the emphyteutical concession by which the Island was transferred to the MIDI consortium and the consequences of granting this concession on the community environmental and planning spheres of the area. Finally, I will comment upon the Guardianship Agreement between the concessionaires and the Manoel Island Foundation - which guardianship agreement seeks to attain a balance between public and private rights. The salient legal, historical aspects that this dissertation will explore, amongst others, are transfers, acquisitions, and, above all, its various uses.