Heirs cannot claim their share of one asset before division
The First Hall of the Civil Court held that co-heirs cannot sue one other heir for the value of their share in a single asset of an undivided estate, here a family petrol station business.
The First Hall of the Civil Court held that co-heirs cannot sue one other heir for the value of their share in a single asset of an undivided estate, here a family petrol station business.
The Court of Appeal held that a tenant whose temporary emphyteusis became a lease must pay to restore a façade damaged by her own lack of ordinary maintenance, and that a Rent Regulation Board appeal lies on law only.
The Court of Appeal ordered a rural tenant off a field after finding it was used for leisure and hunting rather than farmed. It matters to landlords and tenants under the Agricultural Leases (Reletting) Act.
The Court of Appeal sent an inheritance dispute back to the First Hall to decide whether the estate can be divided in kind, and restored 8% interest on a reserved portion claimed before the 2012 amendment.
The Court of Appeal held that a buyer of the remaining years of a post-1979 temporary emphyteusis, living in the house, could stay on under a protected lease. It matters to owners of houses once granted on temporary ċens.
The Court of Appeal held that sub-tenants could not stop a summary eviction by arguing that their landlords did not own the bar they let, and that the Rent Regulation Board may decide eviction and liquidated damages in one judgment.
The Court of Magistrates (Gozo) set six siblings' reserved portion from their father's estate at €11,107.69 each, counting only assets proved to exist and have value. It matters to anyone claiming or resisting a reserved portion.
The Rent Regulation Board revoked a provisional warrant of prohibitory injunction because the application described the property only by its street address. It matters to anyone seeking to stop a debtor from disposing of immovable property.
The Court of Appeal held that an occupier without title cannot keep a shop until repaid for money he says he spent on it, because retention under article 550 needs possession as owner. It matters to anyone resisting eviction with a claim for expenses.