I write on behalf of Tancred and Karla Tabone, co-owners of the land at Ta’ Baldu, mentioned in the editorial ‘Public domain status still in limbo’ (September 18).

The land at Ta’ Baldu, including the pathway leading to it, is fully-owned private land and has always been so. Thus, contrary to what was reported, the government will not be reclaiming this land, or the pathway, nor does it have any legal right to do so, as it acknowledged itself in a document (issued by the Ministry of Finance, the Economy and investment’s Government Property Division on January 27, 2010).

Not only are my clients legally entitled to affix a “private property” notice at the entrance to the pathway but that notice has actually been there for 15 years, given that the land always was, and remains today, private property.

Unfortunately, this is not the first time that my clients’ property has been mistakenly declared as public. In an article published in this same newspaper back in November 2009, Lino Bugeja, then president of the Ramblers Association, stated that Ta’ Baldu was government property. Like the Times of Malta, however, he was incorrect and later issued – as this newspaper ought now do – a retraction, apologising to the private owners and confirming that Ta’ Baldu is, in fact, private property. On a more general note, I wish to point out that this newspaper’s understanding of the whole public domain concept is completely incorrect.

Public domain status does not affect third party rights. In other words, the fact that a site is declared to be public domain does not grant the public any rights (including access rights) over that site. While public domain status does impose an obligation on the owner to protect the property and refrain from damaging or destroying it, the status changes nothing with respect to public use.

Private owners will continue to enjoy use of their property to the exclusion of everyone else. In light of the above, I request that you immediately issue a retraction to correct your previous statements.

Editorial note: The Times of Malta takes note of the above. The error is regretted.