Issue link: https://maltatoday.uberflip.com/i/1234806
11 maltatoday | SUNDAY • 12 APRIL 2020 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air conditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 TEACHING - English language one-to- one. Higher levels and examination pre- partation. Tel: 99336088 SITUATIONS VACANT DRIVERS - Mangion Bros (Zurrieq) Ltd of Triq il-Belt Valletta, Zurrieq, specialising in building construction is recruiting experienced and English speaking, DRIVER: BULLDOZER AND MECHANICAL SHOVEL and DRIVER: HEAVY VEHICLE to work with the company. Full Time role. Involves out- door work. Annual Gross Salary start- ing Euro 9600. Apply by calling 21 649 590 or visiting us at our plant. LAB OURERS & STEELWORKERS - Thomas Azzopardi Construction is looking for full-time Labourers & Steelworkers to work on various con- struction sites. The applicants can apply by sending their CV to thomasazzo- pardiconstruction@gmail.com LIVE-IN NANNY - We are looking for a professional nanny that will take care of our childcare needs. We need someone who is mature and capable of entertain- ing the children, whilst paying crafts and singing nursery songs. Interested candidates can forward their CV to galeagayle@gmail.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Payroll Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care ori- entated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt SPA THERAPIST Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years experience in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. SUNAMGONJ LTD - has vacancies for waiters, cleaners and helpers in offices, hotels, hostels, guesthouses and other establishments and for Construction Labourers. Applicants must have min- imum of one / two years' experience. Fluently speaking English and other languages. Hourly rate from Eur4.50 / Eur5.50. Interested applicants may send email to secretary@a-plusplus.eu. WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632 Dr Malcolm Mifsud is a partner at Mifsud & Mifsud Advocates THE fact that the government puts asphalt on a private road, does not convert the road into public prop- erty. This was held in Richard Buha- giar et -v- Kummissarju ta' l-Arti- jiet decided on 27 March 2020, by the Court of Appeal presided by the Chief Justice Joseph Azzopardi and Justices Joseph R Micallef and Tonio Mallia. The plaintiffs filed an action wherein in their application, they explained that they owned three properties in Mosta. Their entrance is from a lane, which is owned by third parties. In 1981 they had entered into a contract with the Commissioner of Lands in which the government bound itself to purchase the lane and render it into for public use. The lane was acquired by the gov- ernment by means of a Government Notice. In 1991 the government issued a declaration stating that the lane is no longer to be used for public pur- poses. The plaintiffs learned that the government was to build a wall and therefore, they would lose the use of this lane. In fact, they filed for warrant of prohibitory injunction in 1992. They asked the court to declare that the lane is used for public use and the 1991 declaration was null and void. The Commissioner of Lands re- butted the action by stating, that the 1981 contract also held that the gov- ernment was not bound to finalise the acquisition of the lane and the land was not expropriated. The First Court in its judgment on 29 October 2014 turned down the plaintiffs' claims. The First Court had first analysed the evidence produced. After the 1991 Presidential decla- ration that the lane was not need- ed for public use, the government passed asphalt over the lane. The history of this cases goes back to 1976, where the Plaintiff, Buha- giar, asked the Works Department asked that a road be opened. The lane was already planned and this was reflected in the 1981 agree- ment and later in the Presidential declaration paving the way for ex- propriation. The government did a number of works on the lane, including the removal of a wall, trees and a gate, installed an electricity pole and laid asphalt. The Court appointed experts pointed out that according to MEPA plans, this lane is earmarked to serve as a road. They held that since there is no expropriation, then the property re- mains privately owned. In these cases, it is the owners who must form a road in front of their properties and have to contribute to the infrastructure of the road. The experts held that irrespective of whether there is an expropriation of the land, the lane is still deemed as a public road. As a consequence, nobody can build a wall in the lane, because it is deemed to be built in a public road. The Plaintiff filed an appeal from this judgement and asked the Court of Appeal to uphold its claims. The Court of Appeal in its judge- ment pointed out that the 1981 contract with the Commissioner of Lands held that the Plaintiffs had "to carry out at their exclusive expense the complete construction of the street". Furthermore, the same contract read: "Nothing herein contained shall be considered to compel the Government to complete the ac- quisition of the plots of land above mentioned." However, the Plaintiffs argued that this the government did carry out works in the lane, then this is tanta- mount that the road is public. The Court of Appeal disagreed with this and agreed with the first Court's conclusions. It reasoned that the land on which there was the lane, was not trans- ferred to the government. It quoted from a previous judge- ment Sciberras -v- Micallef decid- ed on 2 February 1949, which held that the fact that a road which has asphalt is not automatically trans- ferred to the Government. This principle was also repeated in a recent judgment of 10 July 2019 in Mosim Limited -v- Kummissarju tal-Artijiet. In another judgement Sammut -v- Micallef of 21 March 1958, the Court then held that a private road does not become public merely be- cause is used by the public or else if the Government did some works on it. It is for these reasons that the Court of Appeal turned down the appeal. Not all roads are government property LAW