Session

Law

Description

The main purpose of the paper is analyzing legal regulation of registration of immovable property in Kosovo, using and analyzing all relevant sources in force, and the study and recognition of forms of ownership, with special emphasis on ways of acquiring ownership - as the fundamental basis for registration of those rights. Kosovo by establishing the Law on the establishment of the registry of immovable property rights developed enormously with regards to the issue of regulation of property rights as one of the fundamental human rights guaranteed by the Constitution and International Conventions. In practice, in the past often accrued that land records were neglected by the authorities that forced the former system that were not complete, which created a vacuum to the abuse of different circumstances especially in most cases from the former owners who were no longer living in the property they used to own, therefore the ownership issues were also the subject of unresolved issues of heritage and unpractical laws which stopped the transfer and registration of immovable property. In the beginning, immediately after the war ended in 1999 other consequences occurred, where there were many claimants to a certain number of real assets. As long as property rights were not clearly defined largely been due to the lack of land books which were stolen by Serbia, it was difficult to attract potential investors, and with time citizens lost investment opportunities and had difficulty in financing their businesses. Today, the market of real estate still faces numerous challenges, since a significant number of cases are arising from the lack of a clear system of functioning of the administration of property rights. Specifying and having better legal rights of ownership, and having these registrations documented have a primary importance in designing and improving the development of urban planning and infrastructure, which in this stage appears to stay in a chaotic situation, allowing space for the implementation of state reforms.

Keywords:

Property, registration of immovable property, Cadastre

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-550-11-6

First Page

23

Last Page

29

Location

Durres, Albania

Start Date

7-11-2015 9:00 AM

End Date

7-11-2015 5:00 PM

Included in

Law Commons

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Nov 7th, 9:00 AM Nov 7th, 5:00 PM

The right of ownership of immovable property and registration under the Law on Kosovo

Durres, Albania

The main purpose of the paper is analyzing legal regulation of registration of immovable property in Kosovo, using and analyzing all relevant sources in force, and the study and recognition of forms of ownership, with special emphasis on ways of acquiring ownership - as the fundamental basis for registration of those rights. Kosovo by establishing the Law on the establishment of the registry of immovable property rights developed enormously with regards to the issue of regulation of property rights as one of the fundamental human rights guaranteed by the Constitution and International Conventions. In practice, in the past often accrued that land records were neglected by the authorities that forced the former system that were not complete, which created a vacuum to the abuse of different circumstances especially in most cases from the former owners who were no longer living in the property they used to own, therefore the ownership issues were also the subject of unresolved issues of heritage and unpractical laws which stopped the transfer and registration of immovable property. In the beginning, immediately after the war ended in 1999 other consequences occurred, where there were many claimants to a certain number of real assets. As long as property rights were not clearly defined largely been due to the lack of land books which were stolen by Serbia, it was difficult to attract potential investors, and with time citizens lost investment opportunities and had difficulty in financing their businesses. Today, the market of real estate still faces numerous challenges, since a significant number of cases are arising from the lack of a clear system of functioning of the administration of property rights. Specifying and having better legal rights of ownership, and having these registrations documented have a primary importance in designing and improving the development of urban planning and infrastructure, which in this stage appears to stay in a chaotic situation, allowing space for the implementation of state reforms.