Serbia Handbook for Legal Aid Providers Final

Housing Land and Property Records Documentation
States and other responsible authorities or institutions should provide, at the request of a claimant or
his or her proxy, copies of any documentary evidence in their possession required to make and/or
support a restitution claim. Such documentary evidence should be provided free of charge, or for a
minimal fee. 50
Client is seeking assistance in returning his property, which he says was sold
fraudulently without his knowledge. Part of the procedure in resolving his property
dispute requires obtaining the latest cadastral records as well as history of any changes
to the cadastral record since his displacement. The cadastre refuses to provide him
with the cadastral record until outstanding taxes are paid (for the period he was in
displacement) as well as a 50 euro fee for the documents.
Even a well functioning cadastre can be problematic. In Kosovo and Metohija there has been
difficulty with the Kosovo Cadastral Agency, there have been instances where the cadastre has
demanded that the IDP pay outstanding taxes before being given property records, despite the fact
there is nothing in the law requiring this. There has also been refusal of the municipal cadastres to
change records in favour of IDPs when so ordered by the central cadastral agency.
The cadastre often charges a fee for taking out possession lists and providing other documents to
IDPs, despite the fact that this is an impediment to restitution and return.
Pinheiro recognises the dangers involved in the process of constructing or reconstructing official
records, and the possibility they can be abused by corrupt officials and can equally be used as a
motivation to economically or politically strong groups to illegally grab land belonging to refugees and
displaced persons and registering it as their own.
Expropriation and other interference of an individual’s right to property
An IDP who was in the process of returning in Peć had his home demolished by the
local municipality. The municipality said that this was done as part of an urban plan.
However, none of the Albanian homes around the Serbian home were demolished.
Indeed, the former UNMIK international administrator and international local community
officer both testified in court that the entire process was done without their knowledge.
A Serbian church was destroyed in the town of Đakovica following the conflict in 1999.
In 2008 the municipality ordered the removal of the debris and the construction of a
park. The Serbian Orthodox Church, the owner of the property, was not informed of this
decision and not given an opportunity to object.
50 Principles on Housing and Property Restitution for Refugees and Displaced Persons, Section 15(5)
51 Case of Predrag Vasic vs. Municipality of Pec, Municipal Court of Pec, 2005
51