Cap. 16 Art. 1501Emphyteuta may redeem the ground- rent.

(1) Where a grant in emphyteusis is made in perpetuity, the emphyteuta, even though the ground-rent may be revised at stated intervals of time, shall have the option to redeem the ground-

rent as provided in the following sub-articles of this article, unless the contract itself, being a contract entered into before the 15th

August, 1981, provides for a different manner in which the redemption may be effected.

(2) Such redemption of the ground-rent shall be made by the payment of a sum equivalent to the amount of the ground-rent capitalised at the rate of five per cent: Provided that where the contract provides that the ground-rent may be revised at a specified time or on the happening of a specified condition, the redemption may be opted for by the emphyteuta within the first year of the date of any such revision, or the happening of such condition, and the sum payable for the redemption of the ground-rent shall, in such case, be equivalent to the amount of ground-rent so revised capitalised at the average rate of interests payable by a commercial bank on deposits of a fixed nature at the time of the redemption.

(3) Where there are more than one dominus, the emphyteuta may redeem from one or more of them separately.

(4) Where the tenement is held in sub-emphyteusis in perpetuity, the sub-emphyteuta shall be entitled to redeem the original ground-rent and the increase in ground-rent by the payment of the sum due for the redemption established in accordance with the provisions of this article.

(5) Any clause in any agreement whereby the emphyteuta is deprived of the right of redeeming the ground-rent conferred by this article, shall be considered as if it has not been included in such agreement.

(6) The redemption of the ground-rent may be effected by an agreement between the and the emphyteuta made in a dominus public deed or by means of the schedule referred to in sub-article

(7) of this article.

(7) Where the redemption is not made by public deed, the emphyteuta may effect such redemption by filing at his expense in the registry of the competent court, a schedule of redemption and at the same time depositing in the said registry the sum due for the redemption established in accordance with the provisions of sub-article (2); and with respect to such schedule, the following provisions of this sub-article shall, notwithstanding anything to the contrary in any other law contained, have effect:

(a) where the person first granting the emphyteusis or the person to whom the rights of the dominus are assigned is dead, the schedule of redemption may be served on, and the deposit may be made in favour of, one or more heirs of the dominus or his assignee, and such heir or heirs shall, for all purposes of law, be deemed to represent all those persons having a legal interest in the schedule of redemption and in the money so deposited;

(b) the omission from the schedule of the name of any person having an interest in any part of the moneys deposited in accordance with the provisions of this article, shall not affect the right of any person so omitted to any share in the amount deposited;

(c) the schedule shall contain:

(i) the name and surname of the person of the emphyteuta, his place of birth, his place of residence, his profession, trade or other status, his parent's name, and their surname at birth and after marriage, or in the case of a body of persons the corporate name of such body of persons and the particulars relative to its incorporation;

(ii) the name and surname of the person named in the schedule, his place of birth, his place of residence, his profession, trade or other status, his parent's name, and their surname at birth and after marriage, or other particulars sufficient to identify such person, or in the case of a body of persons the corporate name of such body of persons and the particulars relative to its incorporation; and

(iii) the designation in accordance with article 7 of the Public Registry Act of the immovable in relation to which the ground-rent redeemed was payable;

(d) the emphyteuta shall attach to the schedule a plan showing the extent and location of the immovable subject to the ground-rent redeemed;

(e) service of the schedule shall be effected only on the person named in such schedule and if within three months from the day on which the schedule is filed, service is not effected on the person aforesaid, either by reason of absence or for any other reason, the emphyteuta shall at his expense request the Registrar of Courts to have the contents of the schedule published in the Gazette, and upon such publication the person on whom the schedule was due to be served shall, for all purposes of law, be deemed to be served with the schedule;

(f) the emphyteuta shall cause two copies of the schedule to be served on the Director of Public Registry, who shall keep a register of such schedules, and article 30 of the Public Registry Act shall, mutatis mutandis, apply to such schedules.

(8) The deposits mentioned may be withdrawn by the persons entitled thereto on proof of their title being made to the Registrar of Courts.