the ‘nightmare’ of Maltese periti
Dr Robert Musumeci, PhD in Development Planning Law. Lawyer and Perit
Date & Time
16th November 2023
18:00 - 20:00 CET
In person event by invitation only
This seminar provides a basic understanding of the legal concept of servitudes in the context of Maltese law. It covers the definition of servitudes, which involves restricting one's property rights for the benefit of another property, as well as how these servitudes can originate and terminate, This knowledge is invaluable for identifying the presence of a servitude before it becomes problematic, as ignoring its existence could lead to the need to restore the affected rights to their original state in the future. Understanding where servitudes exist, therefore, is crucial to avoid inadvertent compromises, as failure to do so may necessitate the restoration of affected properties to their original state, which could even involve the removal of physical structures or the payment of forced disproprtionate compensations. Focus will be on exposing practical case studies within the Maltese legal framework.
This seminar is meticulously crafted to offer participants a thorough grasp of the intricate realm of servitudes. It covers the fundamental concepts of what a servitude entails, its origins, termination, and its legal implications. Whether you're an architect preparing plans or providing counsel to a client regarding the feasibility of their proposed construction, or a legal professional dealing with clients who've been guided by architects in designing their plans, this program is tailored to provide you with a basic understanding.
A general appreciation of the subject, as well as an understanding of how the subject integrates with other areas.
Who is this for?
This course is specifically designed for architects, lawyers and interested property owners.
Meet your instructor?
Dr Robert Musumeci obtained a PhD in Law from the University of Malta with his dissertation entitled ‘Judicial Interpretation of Maltese development planning law. Eliciting the added value’ after having been previously selected by the same University for the prize of Best Doctor of Laws Thesis Award in 2016 for his work entitled ‘The Development Planning Act 2016 – A critical Appraisal’. Prior to being admitted to the Maltese Bar, Dr Musumeci had graduated as a perit in 1997 and then moved on to also obtain a Masters Degree in Conservation Technology in Masonry Buildings in 2004. He is a former chairperson of the Building Industry Consultative Council (BICC) and was later appointed as a government consultant in the reform which led to Malta Environment and Planning Authority’s demerger, the establishment of the Lands Authority, the introduction of a regulatory framework for Estate Agents, the drafting of the constitutional amendments pertaining to the Gender Balance in Parliament Reform and the setting up of the Building Construction Authority. Dr Musumeci is also a senior lecturer in planning law and administrative law at the University of Malta, and penned the books 'Selected Principles of Maltese Planning Law', ‘Decoding Administrative Law’ and 'Servitujiet'.
This workshop is intended to be in aposition to recognize issues that require attention and careful handling, rather than proceeding with a design as if no potential concerns exist.
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