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

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i. Claim No. 38812
54. Claim No. 38812 was initially filed by the Claimant in his capacity as the property
right holder. However, upon negative verification of the inheritance decision, he agreed to
proceed with the claim as a family household member of the alleged property right holder,
namely his father. The Claimant later admitted that in 1989 he had exchanged the claimed
property with the Respondent, who is currently occupying the claimed property in exchange
for two land parcels belonging to the Respondent. The Claimant later amended his claim
from a confirmation of ownership to a request to have the exchanged land parcels transferred
into the names of the respective parties in the cadastral records. Such a claim falls outside the
jurisdiction of the Commission and stands to be dismissed.
j. Claim No. 47318
55. Claim No. 47318 has been filed by the Claimant in her capacity as a family household
member of the alleged property right holder, namely her mother. The Claimant alleges that
the claimed property had been nationalized in 1964 and given to the Agricultural Combine
Ratar in Fushë Kosovë/Kosovo Polje. As the Agricultural Combine has now been dissolved,
she requests confirmation of her mother’s ownership rights over the claimed property. The
Executive Secretariat contacted the Claimant several times, requesting her to submit
additional documentation to prove the alleged property right holder’s rights over the claimed
property. In response, she submitted a sketch of the claimed parcel showing the name of her
mother and the number of the purchase contract Ov. No. 2156/64 dated 14 October 1964 with
Agricultural Combine Ratar in Fushë Kosovë/Kosovo Polje.
56. The Respondent asserts that his father purchased the claimed property from Ukë
Brestovci after World War II. The Executive Secretariat located ex officio the certificate for
the immovable property rights No. 225, listing the claimed property, now divided into two
sub-parcels, in the name of Ukë Brestovci.
57. The Commission concludes that, in the absence of any evidence of any 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.
k. Claim No. 47588
58. Claim No. 47588 has been filed by the Claimant in his capacity as the property right
holder. The Respondent alleges that he exchanged another property with the Claimant in
1972 for the claimed property and that he has been in possession ever since. According to the
Respondent, he signed a contract of exchange for the claimed property but that it had burned
together with his old house during the conflict in 1998-1999. He further explains that he built
a new house on the property in 2000. The Claimant’s son Zoran Vasic was contacted by the
Executive Secretariat, since the Claimant was not in a good health condition, and was
confronted with the allegations of the Respondent. The Claimant’s son could not confirm the
exchange, but did explain that neither he nor his family had been in possession of the claimed
property since 1980.
59. The Commission concludes that, in the absence of any evidence of any 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.