There is no greater progress in resolving property disputes, even after 15 years of conflict in Kosovo, in which Serbs have been the majority among the injured parties.
Family Ivic from Caglavica, since 1999, was not able to come into the possession of their land. They said that Albanians two times have entered into the estate, since 2003; they had begun to build the hotel.
The family managed to return the possession and register the estate in the cadastre on their name.
“The new director of the cadastre, due to change of the government in Pristina, without any court order and arbitrarily, has cancelled the registration of the land and had re-registered the land as socially owned property, at the instigation of some people who were mentioned in the decision. We have complained to that decision, however, the cadastral agency confirmed their decision and now we are in court again,” says Zoran Ivic, the owner of the property.
The Kosovo Property Agency has received nearly 43,000 requests for return of property rights since 2006. Decisions were made for 41,000 requests. Decisions for 28,000 cases were implemented, 13,500 cases left to be implemented.
The Agency shall have the right twice to react in case of usurpation of property, after that all requests would go to local authorities that should implement the order.
According to international reports, the Kosovo courts were most inefficient in protecting human rights. In recent years EULEX had been included in the judicial and property disputes.
“According to our data, so far has been solved approximately 40,000 property cases, 300 cases left to be solved, the mission’s expectations are that those would be resolved by the end of the year,” said Dragana Solomon, EULEX Spokeswoman.
The EULEX had no information as to whether their decisions are implemented. According to the experiences of lawyers, the process is moving at a snail’s pace, which is why there are no penalties for usurpers.
“The release of property should be matched with criminal prosecution, however, it is absent, the prosecuting authorities do not function, they personally do not attach importance to such mode of usurpation of the land,” said lawyer Zivojin Jokanovic.
The usurpation of another’s property in Kosovo since the war is high – like it has become part of the system. The Kosovo Property Agency has data for 400, and there are cases submitted to the courts directly, where apartments, houses and land are illegally occupied again.
