Navigating compliance : an analysis of the notarial practice and reasonability of document submission practices under the Land Registry Act

Abstract

This Professional Report aims to explore the Land Registry Act, in relation to the Notarial profession, particularly focusing on the registration of applications. Through a critical analysis, the author examines the challenges and limitations of the current hybrid system and critiques the existing framework. The report's objective is to assess the role of the Notary in registering immovable property with the Land Registry, identifying the obstacles they face, often beyond their control, that can lead to delays, causing the legally mandated registration period to lapse. It evaluates the current registration system and proposes potential improvements, including the implementation of an online system, which has been under discussion for years but is not yet operational. This research adopts a qualitative approach, relying on secondary data. It involves analysing relevant legislation, Maltese legal frameworks, court judgments, and scholarly articles. The report also explores future developments and alternative mechanisms currently under consideration for establishing a more efficient registration system.