Acquisition Of the Right of Real Servitude Over Immovable Property According to The Legislation in Kosovo with A Comparative View with Some Legislations of European Countries

Abstract

In order to acquire a real right over immovable property, they must meet two essential conditions, such as legal title and registration of legal title. It would be easier if it comes to gaining property rights as one of the essential rights of real property, but when it comes to property rights over foreign objects it is more controversial and also more difficult to gain of those rights over immovable property. A concrete case of property rights over foreign property is the right of real servitude, which is a current topic in which we find legal gaps when it comes to gaining this right to immovable property. Kosovo Law on Property and Other Real Rights provides in general terms how the right of real servitude over an immovable property can be acquired, emphasizing that a valid legal title and registration in the cadastral status is required. We can say that in the right of servitude the profit is the same as in having the right of ownership. But how the legal title is created, and how that title should be registered, the property law of Kosovo does not provide clarifications, but leaves it to be understood that it is the same procedure as when the right of ownership is acquired. And according to the laws of European countries, property rights are acquired in almost the same way as defined by the law of ownership of Kosovo, but we can see clear differences in the French legislation according to which it is not necessary to register property rights, especially servitude. real when acquired over immovable property. Therefore, through this paper will be clearly defined how the right of real servitude is acquired according to the legislation in Kosovo and that based on the legal title and the registration of the legal title in the book of cadastral status. Also, comparing which legislation has similarities and which legislation, the legislation of Kosovo has differences when it comes to gaining the right of real servitude.