To what extent does scheduled property restrict the exclusive and absolute right of ownership?

Abstract

The aim of this thesis is to probe into the absolute and exclusive right of ownership which a private individual possesses in respect to his property which in the light of inroads deriving from development schemes, environmental issues and legislation and also with revisited planning legislation have in some way or another tainted the exclusivity of this so called exclusive and absolute institute. The absolute character of this institute may be faced with barriers depriving its legitimate owner of disposing and using of his property freely due to the simple reason that the law might impose limitations either for its own reasons or in the interest of the public in general. This is clearly enunciated in Article 320 of the Civil Code which provides that no use thereof is made which is prohibited by law. Article 321 then goes on to say that '' .... except for a public purpose and upon payment of a fair compensation". Here the law seems to imply that a third party who may fairly be the Government or an autonomous Authority such as in this case the Malta Environment and Planning Authority impose limitations on the use one has over his property.