Kastriote Vlahna1, Hajredin Kuçi2
Authors country of origin: Kosovo
Institutional affiliation: University of Ukshin Hoti, Prizren, University of Hasan Prishtina, Prishtina.
Property rights, both property rights and servitude rights and other property rights, can be acquired but those rights must first be created. This created right comes from a legal title that can be a valid legal work (contract, will), from a state decision (court decision or administrative decision) as well as definition by law. In all these cases, the right of servitude is created, as well as the right of ownership, which means that with the legal title (iustus titulus) it is declared only that the right has been created, but it has not been acquired (constituted) yet. In order to acquire the property right, not only the legal title (iustut titulus) is enough, but also the registration (modus purchase) of the right must be done. So that right must be recorded in the public books of real estate. But not all legislations of countries gain the right of servitude and ownership by registration, because unlike the legislation of Kosovo, the legislations of other countries allow the right of servitude as well as the right of ownership and the rights of other real estate, can be created only with a valid legal title, while the legal provisions are not defined for the registration of the created right. Thus, in the content of this paper, the way of gaining property rights over immovable property is presented. And specifically by clarifying the progress of the procedure of registration of the right in the book of real estate, based on the legislation and legal practice of the Cadastral status.
Keywords: Keywords: property rights, Servitude right, creation, and registration of rights;
Volume 4.No.2(2021): April (Social Sciences Session)
ISSN 2661-2666 (Online) International Scientific Journal Monte (ISJM)
ISSN 2661-264X (Print)
DOI : 10.33807/monte.20211895
Full Text: PDF
This is an open access article under the CC BY-NC-ND license (creativecommons.org/licenses/by-nc-nd/4.0/)