Easment Application in Albania
In Albania, the relations between the landowners and investors, in case land transferring is needed, are regulated by law « On the expropriations and taking in temporary use of private property for public interests ». The law on expropriations envisages that the expropriation or temporary use of private properties can be conducted only for public interests purposes, which cannot be realized in other and always toward a fair compensation. This law is applied for all investments that have “public interest” as a crucial element, being of national or strategic importance. The servitude elements are partially regulated by the Civil Code. In the majority of the European countries the right of use on the property and the servitude are defined by specific laws, which regulate the relationships between the owner and the investors. Furthermore, the agreements (contracts) format is a template approved by the property registration institutions under the supervision of territory planning authorities. According to the Civil Code of the Republic of Albania the ownership is “the right to freely possess andenjoy the objects, within the limits defined by the law”. So the ownership includes a group of rights thatthe owner has over his objects. The owner can choose to practice these rights by himself or to pass theserights temporally to a third party. He is free to use and enjoy his property by himself, to rent it, sell, donate orto charge it (with easements). The right of ownership is not unlimited; the owner is free to carry out with his property any legal action that does not contravene the law and the rights of other owners. As mentioned above, the ownership may be removed when is requested by public interest or may be restricted when is requested by private interests. Rights that normally pertain to the owner may be limited by the coexistence of other real rights over the same property as easement or usufruct. In the exercise of his rights the owner is restricted in order to allow the beneficiary of easement to exercise their rights.
Keywords - Albania, Easment, Land Assessment, Ownership, Private Interest.