What does “good title” mean when buying property in Malta?

The short answer

A “good and certain” title means that, after the searches, the notary is satisfied the property genuinely belongs to the seller and that nothing legally stands in the way of transferring it to you. It matters not just now but for the future: when you eventually come to sell, the next buyer's notary will be able to proceed, because your title is certain and valid.

What “good title” means

As Dr. Laferla defines it, "a good and certain title is when, after carrying out the necessary searches, the notary is satisfied that the property is really and truly the property of the vendor and that there are no legal impediments affecting the transfer of the said property." Two elements: genuine ownership, and nothing blocking the transfer.

Why it matters for the future, not just today

Good title protects you well beyond your own purchase. As Dr. Laferla puts it, when "eventually the purchaser will come to sell his property again, he has his mind at rest that the other notary working on the said property will proceed with the final deed, because the title would be a certain and valid title." A clean title today is what makes your property sellable tomorrow.

How it's established

Good title is the end product of the notary's searches and, in the clearest cases, is confirmed by tracing the seller's deed of acquisition forward with no sale to third parties and no charges. It is the certainty every buyer is really paying the notary to deliver.

Sources

  • Dr. Michael Laferla — Yitaku Asks video (good and certain title: really the vendor's, no legal impediments; certainty for resale)
  • Notarial Profession and Notarial Archives Act, Chapter 55 — good and valid title
  • Civil Code of Malta, Chapter 16 — transfer of ownership
  • Maltese notarial practice — good title as the product of the searches

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