Harmonious agreement over notary law amendments

A new law on the central registry will provide a much needed land registry system that will provide easier accessibility to property maps along with ownership titles on each property.

The current system is considered to be a waste of money, resources and time for first-time buyers and notaries alike because research conducted for ownership can only be done using owners’ names and not the property itself.

This means research needs to follow a whole trail of paperwork based on names instead of directly researching the property’s ownership history.

Central Bank governor Josef Bonnici yesterday told Parliament that the land registry was outdated and “cumbersome” to use. “I have blind faith in the land registry staff but they are understaffed and it takes six months to research and register properties due to the extensive documents that have to be trawled. Either more employees are required or the system needs to be reformed to track properties instead of names.”

Nationalist MP Censu Galea agreed that there are genuine buyers who are being delayed because blueprints and plans are not up to date: “There are hundreds of people who have this same problem but notaries cannot be involved because it is not their mistake".

Speaking on the outdated property maps, Galea said that the blueprint ratios are too small with a number of properties ‘overlapping’ on the maps. “It is important that MEPA shares their maps with the Land Registry. Information should be made accessible through the use of technology available to reduce discrepancies.”

Galea also said that archives need to be protected and contain all property trade and this could be done by have an electronic archive record keeping physical records as “backup”.

Discussing the two-year practice period to be undertaken by junior notaries before being given their warrant, Galea also argued that because the time invested will be extended, fines for those falsifying contracts or impersonating notaries should be increased to reflect the gravity of what is illegally done.

Labour MP Charles Mangion agreed with the Professional Indemnity Insurance to be applied for by notaries as protection. “I am sure that the notarial council is working on setting up a ‘Block Insurance’ for cheaper premiums which is good, but each notary’s insurance premium should reflect their work and responsibility. Therefore it would be in the notary’s own interest to increase their insurance premium and notify insurance companies that responsibility has increased to be fully covered.”

Mangion also agreed with amendments suggested for procurements for the protection of all individuals involved as there are a number of relatives who abuse authority given by these documents which are faithfully signed by those transferring their property.

Parliamentary secretary for lands Jason Azzopardi agreed that there should be more synergy with the University’s faculty of laws because there are concerns that junior notaries will have difficulty finding positions to fill during their two-year practice period: “The council will be working together with the faculty to find positions for those who genuinely want to become notaries.”

Azzopardi also clarified amendments to be made to the period of time during which notary warrants can be collected: “Warrants can currently be collected anytime following the final examinations have been completed even after 10 years. Amendments will restrict the collection period to five years. If that five period elapses, notaries will have to sit another exam to confirm their abilities to carry on the profession suitably.”

Labour MP Joseph Sammut said that property owners need to be safeguarded by a better land registration system: “The current system allows a person to register land ownership and if 10 years elapses and the property is not claimed by original owners, the property is transferred to that person’s name. However, there are individuals who are unaware that records require upkeep and are being exploited.”

Sammut proposed that court rulings are required to confirm in detail the origin and rights of property ownership to register land and avoid property stealing  and protect the rights of property inheritance.

The proposal for second reading and referral of amendments to the committee for further discussion was approved.