The Consolidation of Cadastre Records in Kosovo* and Property Rights of Internally Displaced Persons

Matijević, Milica V. (2015) The Consolidation of Cadastre Records in Kosovo* and Property Rights of Internally Displaced Persons. Strani pravni život, 59 (4). pp. 105-121. ISSN 0039-2138

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Abstract

The implementation of the Cadastral Records Agreement, signed on 2 September 2011 by Serbia and Kosovo, requires a legal framework that would regulate the process of comparison of cadastral records. The step in this direction was the adoption by the Government of Kosovo of a Draft Law on Kosovo Property Comparison and Verification Agency, the last version of which is pending before the Assembly of Kosovo. By analysing this draft law, the author investigated in which way the process of consolidation of the cadastral records as laid down in its provisions might affect the enjoyment of the right to property. The paper looked in particular at the extent to which the rules on resolving the mismatch between the cadastre records and on adjudication of conflicting property claims are reflecting the special needs of internally displaced persons (IDPs) when it comes to the protection of their property rights. The results of the analysis show that its provisions could lead to the violations of Article 6 para. 1 and Article 1 of the Protocol 1 of the European Convention on Human Rights, in particular in cases involving the property rights of IDPs. The analysis also indicates that many of the identified shortcomings of the Draft Law might spring from the fact that the rules on comparison of cadastral plans and adjudication of conflicting claims have been modelled after those regulating the work of the Kosovo Property Agency.

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