Key facts
- Maltese term
- Ċens (emphyteusis)
- Types
- Perpetual or temporary
- Usual amounts
- Often small annual payments
- Redemption
- Possible in many cases — ask your notary
Ground rent — ċens, or emphyteusis — is a long-standing feature of Maltese property law. The owner of the land grants it to someone in return for an annual payment; the holder can build, use and sell, subject to the ground rent.
Types
- Perpetual ground rent — no end date.
- Temporary ground rent — for a fixed term (anything from decades to centuries). The remaining term is important.
- Revisable ground rent — adjusted periodically under the terms of the grant.
What buyers should check
- Is there ground rent? Your notary’s searches will show it.
- Perpetual or temporary — and how long is left?
- The amount and who receives it.
- Any arrears — make sure the seller is up to date.
- Can it be redeemed, and at what cost?
Redemption
Many ground rents can be redeemed (bought out) by paying a capital sum, through a notarial deed or another procedure depending on the type. For perpetual ground rent, a common basis is a multiple of the annual rent. Ask your notary for the exact cost.
Laudemium
Some grants provide for a fee — laudemium — when the property changes hands. Your notary will tell you if it applies.
See also title searches.
