This form is to be completed by the owner’s lawyer to establish ownership of immovable property, subject to expropriation proceedings.
Notes:
- The completed form, signed on each page and on all attachments by the lawyer instructed by the owner/s, is to be sent to the Lands Authority, Auberge de Baviere, Valletta CMR 02.
- It is mandatory that every section in this form is filled in.
- Only one form per property indicating all the owners will be accepted by the Authority.
- This form will constitute the basis for drafting of the final deed of acquisition by the Authority and to this end all details necessary for such drafting are to be provided.
- All requests for public registry searches into transfers and liabilities are to be submitted on the attached form and processed through the Authority.
- Root of title including all relative transfers and transmissions must cover a minimum period of 10 years for each person in the event of acquisition by onerous title and for a period of 30 years in all other cases. This information may be provided on a separate sheet signed and dated by the lawyer instructed by the owners and it is to be submitted with the legal advice. In the case of acquisitive prescription, an affidavit by the owner/s must also be submitted confirming possession uti dominus.
- Vetting of the file may only be concluded after all the necessary documents have been duly presented, vetted and found to be in order.
Documents and Searches relative to Legal Advice:
- Deed of acquisition and any relative plans attached therewith
- Transfers and Liabilities searches of Present Owners
- Transfers and Liabilities searches of Prior Owners, where applicable
- Testamentary searches (death certificate of the deceased person, official searches relative to both public and secret wills, last will of the testator and declaration causa mortis, where applicable)
- Where a declaration causa mortis is required, it is important that the expropriated property is duly declared and a plan outlining the said property must also be annexed to the declaration causa mortis.
- Where the present owner is a company, the relative memorandum and articles of association of the said company
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