08 Aug Trespass to the right of access
The right of access granted through a neighbouring to an enclaved property is an easement registered in the land registry, as well as in the title deed of both the dominant and the servient property ...
Litigation
08 Aug Donation agreement between parent and child
A parent who wishes to dispose of and transfer property to a child acting because of natural love and affection between them should not leave pending matters which may create disputes between his children leading them to Court ...
22 Jul Insufficient protection of landlord against tenant in default
The protection of the owner of a property subject to the Rent Control Law proves to be insufficient, since he is not allowed without a final judgement to collect the amount of the rents due which the tenant deposited at the accounting department of the...
18 Jul Latches in taking legal steps
Taking legal steps on time in order to pursue a right protects the plaintiff from the defence of the statutory limitation and latches when it adversely affects the defendant’s rights ...
07 Jul The real estate market determines rental values
THE conditions prevailing in the real estate market adjust the rental values of the properties accordingly and for those subject to the rent control there is the protection of the Court ...
05 Jul Revocation of a public tender
Posted at 13:58h
in Litigation
THE revocation of a public tender is a serious act of the administration, which must be taken exceptionally and provided the facts leading to such a decision are specifically stated so that to allow its judicial review ...
28 Jun Partner’s liability in an informal partnership
A partnership is a form of economic activity carried out by persons conducting joint business for profit and is not considered to have a separate legal entity, but shares responsibility with the partners whether it generates losses or profits ...
20 Jun Lease agreement subject to the sale of the property
THE pursuit of a similar remedy in an application for an interim order with that sought in the action constitutes an exception and it is unlikely that a Court will grant it, unless the facts are such that the balance of convenience justifies it ...
14 Jun Discontinuance of Court proceedings
Justice cannot function in vain, so any action or other Court proceedings are not maintained or continue when it is found that they have no object and become abusive ...
06 Jun Right of tenant to file a Reply
THE tenant’s right to access the Rent Control Court in a way that is effectively and not theoretically exercised when arrears of rent and possession of the leased premises are claimed, can be examined by the Court ...