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Cap. 296 · cap/296 (Cap. 296)

Cap. 296 чл. 16ARegistration of property of unknown owners.

PART III

В силаОфициален текст

(1) Where land or a share in such land, or any rights in or over it are registerable or declarable in virtue of the provisions of article 15 or 16, and the owner or presumed owner is unable or unwilling to apply for its registration within the time prescribed, the registrar shall, without prejudice to any liability incumbent on any person under the said articles, register such land or make the appropriate declaration on behalf of unknown owners and such land shall be administered by the Government on behalf of such unknown owners. The Commissioner of Land shall each year publish a list of such property in the Gazette.

(2) Where land is registered or declared on behalf of unknown owners by the registrar, he shall also register any charges, cautions, or declaration made in virtue of sub-articles (1) and (2).

(4) Upon the lapse of thirty years, unless the registration shall have been successfully challenged in terms of sub-article (3), such land shall be registered with guaranteed title in favour of and in the name of the Government of Malta, free and unencumbered except for such charges, cautions, servitude or other overriding interests or other rights that were duly registered in accordance with sub-article (2): Provided that if the charge, caution, servitude, other overriding interest or any other registerable right is in favour of land which is itself registered on behalf of unknown owners, but with reference to such land, the period of thirty years mentioned in this sub-article has not yet elapsed, then the servient land shall be registered as subject to such charge, caution, servitude, other overriding interest or other right, which shall be extinguished only when the period of thirty years as established in this sub-article elapses also in respect of the dominant land.

(5) Rights registered on behalf of unknown owners shall in like manner pass in favour of the Government upon the lapse of thirty years from their declaration.