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Damage Caused by Neighbour’s Mulberry Tree – Owner Held Responsible

In a recent judgement, the First Hall of the Civil Court ruled on a dispute between neighbours in Hamrun concerning structural damage caused by invasive tree roots originating from the defendant’s property (First Hall of the Civil Court, 9 July 2025, Rikors Ġuramentat Nru.: 358/2019MH) . The plaintiff, claimed that over several years the roots of a large mulberry tree planted in her neighbour’s garden had spread beneath her home, causing tiles in multiple rooms to rise and crack. Technical and agricultural experts confirmed that the damage was caused by the roots of the mulberry tree, identifiable through their colour and spread pattern. The defendant, denied liability and argued that the tree had been planted in accordance with the legal distances set out in Article 437 of the Civil Code, which requires a minimum distance of 2 metres for large trees and 0.5 metres for smaller trees . Expert evidence showed the tree was in fact planted around 13 metres away from the property — well be...
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Requirements for Valid Ground Rent Redemption

In a 2002 judgment, the Court of Appeal  confirmed the nullity of a schedule of redemption of ground rent that had not complied with the contractual terms regulating the emphyteutical concession (Court of Appeal, 16 January 2002, App. Civ. 210/95) . The case involved a ground rent concession established in 1979, before the legislative amendments of 1981. The Court held that where an emphyteutical contract predates 15 August 1981, the redemption of ground rent must follow the procedure laid down in the contract itself and not the general mechanism under Article 1501 of the Civil Code. In particular, the Court emphasised that the contractual provisions concerning the timing and capitalization rate for redemption are binding . A redemption carried out in a manner inconsistent with those provisions does not meet the legal requirements and is therefore invalid. The Court also clarified that where a contractual clause partly conflicts with the law, only the conflicting portion is dis...
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Travel within the Schengen Area by third-country nationals who are exempt from requiring a Schengen visa

Travel within the Schengen Area - how the implementation of the Entry/Exit System (EES) and the European Travel Information and Authorisation System (ETIAS) is likely to affect third-country nationals who are exempt from requiring a Schengen visa   EU Member States’ border management authorities have little information about travellers exempt from visa requirements entering the EU. Travel documents of third-country nationals currently must be stamped on entry and exit. This obligation is applicable to all member states of the Schengen Area. The entry and exit stamps are then examined by border guards to verify, by comparing the dates of entry and exit, that the person has not exceeded the maximum duration of authorised stay within the Schengen Zone. This duration of authorised stay is generally 90 days in any 180-day period.   Several systems have already been implemented in recent years to facilitate integrated border management. However, up until now, the focus of these chan...
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Disclaimers – do they prevent the right to claim compensation?

  What is a disclaimer? Disclaimers are used to provide a warning to people they are designed to make sure that people are made aware of foreseeable risks of injury, or where responsibility will rest if items are lost, broken or stolen. Often when we take part in a potentially dangerous activity, the organiser will ask the participants to sign a disclaimer to confirm that they are aware of the risks the activity presents.   Reduction of risk, not responsibility Making sure that people appreciate certain dangers and that risks are understood is a good thing. We all want to reduce the risk of injury, damages, etc. and see less accidents happening. When people know what the risks are, they are minded to act safely and follow instructions carefully. Even with obvious risks, we benefit from being reminded. Disclaimer should only be seen as a warning, rather than a prevention of any liability whatsoever and used to make sure that when the instructions in any disclaimer hav...
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Road Rules - do they affect you?

As a general rule, every driver is liable for their actions, independently of what another road-user does, unless what happens is not solely and exclusively the fault of the other road-user.   Each and every time a person is charged in court with driving a motor vehicle in a negligent and / or reckless and / or dangerous manner or any other similar offence the presiding judge or magistrate is required to delve into the whether or not the driver of a motor vehicle was actually driving the motor vehicle in such manner.   In its judgement given on the 12 th December 2018 in respect of Appeal number 111/2018, the Maltese Court of Criminal Appeal held that whereas negligent or reckless driving occurs when the driver employs a lack of the normal prudence which one should observe in order to avoid the dangers the dangers that arise. The court also held that dangerous driving involves a certain degree of recklessness.   Whilst most people would assume that these offe...
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Emphyteutical grants: Should I redeem the Ground-Rent (ċens)?

What is Emphyteusis? The concept of ground-rent ( ċens in Maltese ) , technically known as emphyteusis, was once a very popular contract condition in the transfer of property in Malta. Although still fairly common on the property market, as years go by it is slowly falling into disuse.   Generally speaking, emphyteusis is a contract where one party in an agreement grants to the other a property against payment of a yearly ground-rent. It can be granted temporarily (for a limited period of time) or perpetually (forever).   Can my ground-rent ( ċens ) be redeemed ?   Article 1501 of the Maltese Civil Code provides that where a grant in emphyteusis is made in perpetuity, the emphyteuta, even though the ground-rent may be revised at stated intervals of time, shall have the option to redeem the ground-rent. Where there are more than one dominus, the emphyteuta may elect to redeem from all of them or from one or more of them separately. Furthermore, where the property...
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Prenup vs Postnup contract: What’s the Difference and Who Needs One?

Whether you’re just about to tie the knot or are happily married, every couple can benefit from learning about marital agreements , better known as prenuptial and postnuptial contracts. Although two people generally get married because they love one another, once married, the couple’s property, assets and liabilities by default falls into what is known as the community of acquests. This means that marriage is also a contractual pact that binds a couple’s finances and resources. In Malta, a couple can opt out of the community of acquests regime either by entering into a prenup or a postnup.   What is a Prenuptial Contract? If you’re planning to get married in the near future, one of your decisions should be whether or not you should create a prenup. A prenup is a written contract entered into between two people before they get married. Its purpose is to regulate both parties’ assets and liabilities during the marriage and also in the event of a separation or divorce. Most pr...
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