Owners of a Birgu property went to court after their neighbour installed air conditioning compressor pipes that protruded into their airspace. The court ordered their removal at the neighbour's expense.
Civil Court (First Hall) · Judge Dr. Audrey Demicoli LL.D. · 27 March 2026
The plaintiffs are the owners of property number 8/10 Miriam, Triq Santa Skolastika, Birgu. Their neighbour Renal Cassar owns number 12 on the same street. Cassar installed air conditioning compressor pipes and other objects that protruded over and into the airspace above the plaintiffs' courtyard. The plaintiffs brought proceedings arguing this violated their property rights — specifically their right to exclusive use of the airspace above their property. The court found in the plaintiffs' favour and ordered Cassar to remove from the wall of the plaintiffs' courtyard all the air conditioning compressor pipes and any other objects protruding into the plaintiffs' airspace. The removal was to be carried out at Cassar's expense. He was also ordered to pay all legal costs.
Plaintiffs won. Cassar ordered to remove all AC pipes and protruding objects from plaintiffs' airspace at his own expense. All legal costs against Cassar.
Civil Code Ch. 16 — property rights, rights of neighbours, unlawful intrusion into property