KPCC/D/A/149/2012 - Kosovo Property Agency

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37. The Respondent alleges that he purchased the claimed property from the
property right holders’ father, Sava Jagodic in 1986 and has been in possession of the
property ever since. However, he asserts that the cadastral records were not updated. He
claims that he renewed the purchase contracts with the property right holders in Claim Nos.
00264 and 92290 on 19 July 2011 and that the cadastral records were updated in his name for
an ideal part of ½ of the claimed property. The Executive Secretariat contacted the Claimant
and he confirmed that he and the co-owners have sold the claimed property to the Respondent
and that he would withdraw the claims but has not done so. Accordingly, Claim Nos. 00264
and 92290 stand to be dismissed since the Claimant disposed of the properties voluntarily.
2. No loss of possession as a result of the conflict
a. Claim No. 00078
38. Claim No. 00078 has been filed by the Claimant in his capacity as the property right
holder. The Claimant submitted a certificate for the immovable property rights No.
703014035-1287, listing the claimed property, as socially owned property, in the name of the
Kosovo Forest Agency; a copy of a lawsuit filed at the Municipal Court in Prishtinë/Priština
P. 697/61 dated 31 August 1961, in which his father seeks acknowledgment of his ownership
rights over the claimed property; and an administrative decision 03/8967 dated 6 July 1964,
by which his father’s appeal against administrative decision 649/61 on confiscation of the
claimed property by the Municipality dated 28 February 1963, was rejected for lack of
evidence of ownership. The Claimant alleges that he has been in possession of the claimed
property, which he inherited from his grandfather. The authorized representative of the
Respondent, the Kosovo Forest Agency, Murat Lepaja, alleged that the Respondent is the
owner of the claimed property. The Executive Secretariat located ex officio possession list
No. 190 listing the claimed property, as socially owned property, in the name of the Kosovo
Forest Agency. The Executive Secretariat contacted the Claimant and he confirmed that the
claimed property had been confiscated by the state in 1928, and that he was not in possession
of the claimed property immediately prior to or during the 1998-1999 conflict. The
Claimant’s loss of possession of the claimed property was therefore not a result of the
circumstances directly related to or resulting from the 1998-1999 conflict. Accordingly, the
claim falls outside the jurisdiction of the Commission and stands to be dismissed.
b. Claim No. 10014
39. Claim No. 10014 has been filed by the Claimant in his capacity as the property right
holder. The Claimant states that he purchased the claimed property from Nysret Avdiu and
submitted a purchase contract No. 1009/2001 dated 13 November 2001 and a possession list
No. 3690 listing the claimed property in his name. The Respondent alleges that the claimed
property belongs to his family and that his cousin Nysret Avdiu sold the claimed property
without authorization. There is a court proceeding initiated in this case. When contacted by
the Executive Secretariat, the Claimant confirmed that he did not lose possession of the
claimed property as a result of the conflict, because he acquired the property only in 2001.
Consequently, as there is no conflict related loss of possession or inability to exercise
property rights over the claimed property, the claim stands to be dismissed as falling outside
the jurisdiction of the Commission.
c. Claim No. 10477
40. Claim No. 10477 has been filed by the Claimant in his capacity as the property right
holder. The Claimant initially sought payment of the outstanding amount of the purchase