ESTABLISHMENT AND ACQUISITION OF THE RIGHT OF REAL SERVITUDE IN IMMOVABLE PROPERTY ACCORDING TO THE LEGISLATION IN KOSOVO

Abstract

Servitude as a real right over a foreign thing is known, since the first laws written, as a right not so favoured by the owners of the thing. Failure to favour comes from the fact that the owner of the thing is restricted the right to exercise full right over his thing by another entity, whether natural or legal person. The law of the state recognizes the right of servitude and concretizes it as a restriction of the right of ownership, only in those cases when there are no other solutions. The important thing about the right of servitude is how to create this right and if it is created then what are the legal rules for gaining this right. Therefore, based on the importance of creating and gaining the right of servitude, in the paper I will define how the law of the state of Kosovo determines the creation of real servitude and in addition to creating how this right should be acquired, and also by looking at the implementation of legislation in practice through the case viewed in the Cadastral Status.

Keywords

• property servitude
• creation of servitude
• aquisition of the servitude
• legislation
• cadastral status practice