APPLICATION REQUIREMENTS


SEARCH FORM
· Form E (in duplicate)
· Land Registry Plan showing the property marked out as specified in the rules. The original plan and a copy thereof should be submitted.
· Detailed plan where necessary.

FIRST REGISTRATION
· Form A (in duplicate)
· An authenticated copy of the document being used as basis for applicant's title - public deed or deed causa mortis or copy of note of succession or affidavit (in case of prescription) or copy of judgement, etc.
· Original Land Registry plan - obtained from the Land Registry itself. The rights shown on the plan must tally with the contents of the application.

DEALINGS AND PART DEALINGS
· Form A (in duplicate)
· An authenticated copy of the document being used as basis for applicant's title (as above)
· Where the whole property as already registered is being transferred (dealing), it is sufficient that a copy of the plan attached to the previous registration be resubmitted. The property is to be marked out in red and the Notary is to authenticate the plan and sign it.
· Where only part of the property is being transferred (part dealing) a new Land Registry plan is to be submitted. Detailed plans must also be submitted where necessary eg. where common parts are involved.
· Form E containing the necessary permission to transfer the property.

CHARGES/CANCELLATIONS/WAIVERS/ETC.
· Form B (in duplicate)
· Copy of deed.
· Authenticated copy of Public Registry note. Copy may be authenticated by the Notary.
· With regards to part charges, etc., a plan showing the part that is being charged or amended must also be submitted.

CANCELLATIONS/WAIVERS/ETC.
· Form C (in duplicate)
· Copy of deed.
· Authenticated copy of Public Registry note. Copy may be authenticated by the Notary.
· With regards to part waivers, etc., a plan showing the part that is being waived must also be submitted.

CAUTIONS
· Form D (in duplicate)
· An affidavit spelling out the reason/s for the objection.
· Land Registry Plan showing the contested property.

NOTES:

· All forms are to be filled in block letters, written in black or blue ink or typed and signed in blue. Signatures are to be clarified by rubber stamps and/or names in blocks.
· All forms, except a first registration, caution or search are to be filled in and signed by a Notary Public.
· All plans must be signed by the applicant and the architect drawing up the plan.
· Applications based on transfer causa mortis dated prior to 25th November 1992 (when transfer causa mortis became the object of a public deed}, researches as to Secret (2nd Hall, Malta and Gozo) and Public Wills (Malta and Gozo) are needed, including copy of will. Copy of such will is not open to inspection.
· If the applicant intends amalgamating one or more titles, the Registry should be informed by means of a note on the application.
· However, no servitude can be registered unless the servient tenement is registered. If the servitude holder is in the impossibility of registering the servient land, his/her rights are adequately protected in virtue of section 43 of the Land Registration Act (servitudes are overriding interests). Likewise, leases and legal hypothecs cannot be registered: S. 26 (3) ...Provided that nothing in this subsection shall authorise the registration of a lease or shall render necessary the registration of any easement except as appurtenant to registered land, or the entry of notice thereof except as against the registered title of the servient land.' And S. 25 Provided that the holder of a legal usufruct may not be registered as proprietor, but may have his interest protected on the register..
· VOLUNTARY APPLICATIONS - The Registrar may accept voluntary applications within registration areas. However, in this case, the applicant would be required to bridge the time-lag from the date of the deed or other document on which s/he is basing his/her application with the copy of official searches verifying that s/he has not transferred and/or hypothecated his/her property since.
· Although it is always recommended to make a search on a particular property prior to dealing with same, yet a search is not obligatory in the following instances:

1. First registrations.
2. Applications by Joint Office.
3. Applications in the name of the Housing Authority.
4. Applications submitted by the Government Property Division.
5. Applications for the transfer of property following a causa mortis as long as the application for the succession/causa mortis and transfer are submitted simultaneously.
6. Deeds of transfer published on the same day or on the same contract.
7. Deeds of personal separation or resulting from court decrees.

HOW MANY APPLICATION FORMS SHOULD BE PRESENTED?

· One application per property, irrespective of the number of owners, irrespective of the fact that the owner may have obtained various shares of the same property at different points of time.

· 'Immissjoni fil-pussess' deeds are, for the purposes of registration, considered as part and parcel of either the moment of transfer causa mortis or of any subsequent public deed entered into between the heirs (e.g. deed of partition).

· If the applicant applies for one or more adjacent properties (or under/overlying each other), one application per property is to be submitted, however, one fee may be paid (where the fee charges is ad valorem, the total value is considered). The same principle applies in the case of charges. One application per title charged must be presented. However, if the charge emanates from one and the same debt, then only one fee is charged irrespective of the number of applications. The same applies where the applicant's title is made up of two types of ownership, mutually related - Directum Dominium + redemption and/or Nuda Proprjeta + Usufruct.

· One application per deceased person (not per property). However, where the deceased are a married couple, the heirs may present one application even though the couple died at different moments of time.

· It is advisable (and more cost-effective) to include in the application, any share/adjacent property which belongs to the applicant but in respect of which the applicant is not legally obliged to register at the Land Registry. In such cases, in lieu of the researches mentioned above (vide voluntary registrations), a declaration to the effect that the 'unregisterable' property still belongs to the applicant is enough. Any hypothecs effecting this 'unregisterable' part are considered as overriding interests but one may choose to include same in the application.