This lecture series, which is a collaboration between the Kamra tal-Periti and the Department of Civil Law at the University of Malta, is meant to provide an introduction to the law of easements, or servitudes, to practising Periti.

The aim of this series is to expose the salient aspects of the law of easements, in law and in practice, with particular reference to the current judicial interpretation. Attendees will be introduced to the basic tenets of this part of property law, as well as to the different sources and classifications of easements, and their distinct regulatory regime.

Lectures will be held between 1700hrs and 1900hrs

Lecture I – 21 February 2024

Definition of Easements, Sources and Categories
Focus on Legal Easements in Public Law

Av Phyllis Aquilina & Av Kurt Xerri

The introductory lecture explains the legal institute of easement, its constituent elements, introducing the attendees to the different sources and classifications of easements (legal and conventional, public law and private law easements).

A substantive exposition of legal easements arising in the public law realm, their purpose and enforcement, will follow.

Lecture II 28 February 2024

Introduction to Legal Easements for Private Utility
Part (a) – The Dividing Wall

Av Phyllis Aquilina & Av Kurt Xerri

Attendees will be introduced to legal easements in the private law realm. An outline of the five different categories will be given.

Speakers will then focus on the Legal Easements for Private Utility which concern the dividing wall. The distinction in law between this wall and other walls will be set out. The discussion will then consider the salient easements, from a civil engineering point of view, and their implications for, and consequences on, third party rights.

Lecture III 6 March 2024

Continuation of Discussion of Easements for Private Utility
Part (b) – Easements of Distances

Av Samira Briffa & Av Vincent Galea

The discussion of legal easements for private utility will continue, with a focus on the easements of distances. These easements include the much-debated easements of legal distances to be observed from the party-wall in relation to excavation works, windows and balconies or other similar projections. The discussion will include a general reference to the prevailing judicial interpretation of these easements.

Lecture IV 12 March 2024

Conventional Easements – How do they come about?
Interpretation of Easements and Extinction of Easements

Av Vincent Galea & Av Samira Briffa

Attendees will be introduced to the manner in which easements – when not created by law – can be created by act of man, and therefore giving rise to third party rights.
This final lecture will also expose the basic rules for interpreting easements, in particular their extent, and the methods for extinguishing easements, whether legal or conventional.