Issue link: https://maltatoday.uberflip.com/i/809226
maltatoday, SUNDAY, 9 APRIL 2017 11 €374,000 from rogue developer land he did not own On 10 July 1996, Valente told the court he only had a "simple indi- cation" of where the lands men- tioned in the will were, through an attached map of the area that was included with the will. But he also declared that he had "no documents as to whether there was a legal title on these lands", and that Spiteri had insisted he would exempt him from any legal obligations should he find no legal title. Valente also presented a draft contract to the court, indicat- ing that the sale of land would be exempted from the guarantee of peaceful possession. The court-appointed architect, Rene Buttigieg, basing himself on the dated map attached to the will, valued the lands at Lm7,000 (€16,310). When the court authorised the sale on 2 August 1996, three days later the transfer of the land took place, in a deed signed by notary Anthony Abela – today a Nation- alist MP. Notarial contract contradicts court decree But Mr Justice Chetcuti noted that, in reading the 1996 contract, "it [was] evident that the qualifica- tions putting in doubt the origins and consistency of the inherit- ance's assets, which were indeed written down in a draft contract presented to the court, were not included. Additionally, the guaran- tee of peaceful possession, which had been expressly excluded from the draft contract, was included in the sale contract." Chetcuti added: "The court can- not but point out the discrepan- cies resulting from the transfer from the testamentary executor to Spiteri Holdings. The executor himself had no clear clue what the Xuereb inheritance consisted of. But Spiteri Holdings had an inter- est to buy in full knowledge that he had no guarantee what the inherit- ance's assets were. "The plan presented by the exec- utor does not even show the land registered in favour of the State, but another piece of land. Inexpli- cably, and despite a court decree saying the land had to be sold with- out guarantee of peaceful posses- sion, the contract of acquisition by Spiteri Holdings was manifestly in contradiction to the court order." Indeed, a court expert showed how the lands indicated in the Xuereb will's plan were fields in Swieqi known as 'Ta' Maima' or 'Ta' Misrah Giuna': almost a kilo- metre away from the 'Ta' Giakon- du' fields that Spiteri Holdings had sold. Additionally, in 1912 the Mal- tese courts already had to exam- ine the alleged assets bequeathed in the Xuereb inheritance, a pro- cess fraught with uncertainty as the court-appointed expert of the time, Edmondo Rizzo, was unable to find an inventory of the assets. While mention was made of land "in the vicinity of St George's Bay, known as Ta' Swieqi consisting of…", the continuation of that de- scription is rudely interrupted by a missing page. "The fact that Spiteri Holdings acquired an inheritance without a clear proof of the origin of the land in question, does not mean it had a title to the land," the present court noted. In its decision, the court ordered the rescission of the contract of sale between Terra Mediterranea and the Penza couple for having misled the buyers. The court found no proof of col- lusion between Terra Mediter- ranea and Spiteri Holdings, but Mr Justice Chetcuti said the same could not be said of Domenico Savio Spiteri in his acquisition of the inheritance from the late Re- nato Valente. "Once that contract carried the guarantee of peaceful possession, Terra Mediterranea also acquired that land with that guarantee… no proof was brought of the bad faith implicit in this contract by the plaintiffs." The case is now being appealed by Terra Mediterranea. mvella@mediatoday.com.mt News Timeline of deceit May 1996 Fr Renato Valente is appointed testamentary executor by a court, replacing Fr Rafel Gauci, to execute the sale of assets in the 1826 inheritance passed on from siblings Paolo and Tereza Xuereb. July 1996 Valente says Gozitan buyer Domenico Savio Spiteri, director of Spiteri Holdings Ltd, will buy the inheritance and exempt him from the guarantee of peaceful possession because he is not aware of the contents of the inheritance. August 1996 Court expert Architect Rene Buttigieg, basing himself solely on the plan attached to the will, says the two plots of land, each measuring 31 sq.m. at the end of Tal-Franciz Road, Swieqi, are valued at Lm7,000. When Spiteri Holdings signs the contract of acquisition, the deed of purchase does not list the contents of the inheritance, and does not refer to the exemption of peaceful possession ordered by the court. 2002 Spiteri Holdings sells the land at Triq Wied Mejxu – part of the land formerly known as Ta' Giakondu – located 775 metres away from the Swieqi land indicated in the Xuereb inheritance's plan. The deed of sale to Terra Mediterranea claims the land originates from the Xuereb inheritance, published by Notary Anthony Abela on the 5 August 1996. Less than ten days after purchasing the land from Spiteri, Terra Mediterranea sells apartments it had already built on the plots, to private individuals. It is evident that Terra Mediterranea had built the flats on the plots before it officially and legally 'purchased' the land from Spiteri Holdings. September 2003 Correspondence from the Joint Office confirms the Wied Mejxu land was transferred to the State in 2003, as part of the 1992 Church-State agreement. The Lands Department takes legal action against Raymond Aquilina, director of Terra Mediterranea and informs homeowners they are standing on land owned by the government. It is now apparent that notaries appointed by the Wied Mejxu residents had not conducted appropriate searches to confirm the legitimacy of the sale of land. May 2004 The residents take legal action against Terra Mediterranea June 2004 In its reports, MaltaToday reports that Terra Mediterranea had been previously found guilty of trespassing land at Tal-Franciz, owned by the Marquis Marcus Marshall. The court proceedings reveal that Spiteri Holdings had directed the Terra Mediterranea to start works on the land. Again Domenico Savio Spiteri, in his evidence, claims he acquired the land through an inheritance. It is clearly proven in Court that the land had been property of the noble Testeferrata and Scicluna families for hundreds of years. The maisonettes on Triq Wied Mejxu, in Tal-Ibragg, which were built by Terra Mediterranea on land sold by Spiteri Holdings. The houses were actually developed before Terra acquired the land from Spiteri. But the land was not Spiteri Holdings to sell off in the first place