The Registration of the Ownership of the Illegal Objects in Albania

Abstract

The right of ownership in Albania is one of the fundamental human rights sanctioned on the Constitution. The right of ownership changes with the changes of economic social relations. Together with the tremendous political and economical changes in Albania, there was a great development in illegally obtaining the state property and private property also. After the year 1990, a considerable number of people used the force to keep and protect the property acquired illegally. In these conditions, the legalization was a pragmatic answer against the difficult consequences that came from the occupation of the land and massive population movement onto these lands. The legalization aimed to give ownership of state and private land to people who had illegally constructed buildings and to make them part of the process of urbanization. Legislative initiatives were undertaken and institutions were created in relation to this process. This study aims to present the legal steps and the documentation needed to obtain the title of ownership of the illegal objects and the closure of the procedures of its registration up to the final step of acquiring the certificate of property. This study presents a series of legal and judicial norms and their analysis in the view of respecting the right of ownership, and by giving suggestions that help the finalization of the process, in order to harmonize it with guaranteeing of the property right to the legitimate owners.