The Absolute Sale Deed is the primary legal instrument used in Malta for transferring immovable property ownership. This document type is mandated by Maltese law for all property sales and must be drawn up by a notary public in accordance with Chapter 16 of the Laws of Malta (Civil Code) and Chapter 55 (Notarial Profession and Notarial Archives Act). The deed is used whenever there is a final and unconditional transfer of property ownership, whether for residential, commercial, or industrial purposes. It contains essential elements such as party identification, property description, consideration, and various declarations required by law. The Absolute Sale Deed's significance lies in its role as the only legally recognized method of transferring immovable property ownership in Malta, making it a crucial document in both private and commercial property transactions.
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1. Parties: Detailed identification of the vendor(s) and purchaser(s), including full names, ID numbers, addresses, and marital status as required by Maltese law
2. Background: History of the property ownership, including how the vendor acquired the property and any relevant prior transactions
3. Definitions: Key terms used in the deed, including precise description of the property and any technical or legal terms
4. Property Description: Detailed description of the property being sold, including boundaries, measurements, and reference to official plans
5. Title Verification: Confirmation of the vendor's title to the property and declaration of freedom from encumbrances
6. Consideration: Purchase price, payment terms, and confirmation of payment method
7. Transfer Declaration: Formal declaration of absolute and unconditional transfer of the property
8. Vacant Possession: Declaration regarding the delivery of vacant possession to the purchaser
9. Taxes and Expenses: Allocation of responsibility for stamp duty, notarial fees, and other expenses
10. Representations and Warranties: Standard warranties regarding the property's legal status and condition
11. Governing Law: Confirmation that the deed is governed by the laws of Malta
1. Planning Permits: Section detailing any relevant MEPA permits and compliance with planning laws, included when the property involves recent construction or modifications
2. Condominium Rules: Included when the property is part of a condominium, detailing common parts and applicable rules
3. Special Conditions: Any particular conditions or obligations specific to the transaction
4. Third Party Rights: Details of any third party rights that may affect the property, such as easements or rights of way
5. Energy Performance: Details of the Energy Performance Certificate, required for certain types of properties
6. AIP Permit Reference: Included when the purchaser is a non-resident requiring an Acquisition of Immovable Property permit
1. Property Plans: Official plans and drawings of the property as registered with the Land Registry
2. Inventory: List of any movable property included in the sale
3. Land Registry Search Results: Official search results showing the property's registration status and any registered charges
4. Planning Permits: Copies of relevant MEPA permits and compliance certificates
5. Energy Performance Certificate: Copy of the current Energy Performance Certificate for the property
6. Payment Evidence: Proof of payment or bank documentation regarding the transfer of funds
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