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...