New decision, what happens to the property if the Cadastre does not find the owner

The government has established a new procedure for cases when the State Cadastre Agency identifies an object without a title deed, functional land or yard in use, but fails to identify the person who owns it.

According to the decision published in the Official Gazette, the ASA must publish information about the property in the premises of the administrative unit, in the local Cadastre directorate and on the institution’s official website.

The notice remains published for 30 days, giving the person who uses or claims the property the opportunity to appear before the Cadastre.

If the possessor appears within this deadline and the ASHK verifies possession on the ground, the procedure for approving the ownership document continues in his name. For residential buildings recorded primarily by the Cadastre, the standard fee does not apply.

But what happens if no one shows up within 30 days?

The decision does not provide for the confiscation of the property, its automatic transfer to the state, or the loss of the right to claim it later. Without an identified possessor, the Cadastre cannot proceed with the transfer of ownership in the name of a beneficiary.

The person who appears after the end of the 30-day period retains the right to request recognition of ownership, but must apply in person through the e-Albania platform.

In this case, the procedure is considered initiated at the request of the citizen and a fee of 10 thousand lek is applied. The payment is non-refundable even if the request is rejected by the ASHK.

The 30-day deadline, therefore, is not a deadline for the loss of property, but separates the procedure initiated by the Cadastre from the individual application with a fee.

The decision uses the term “possessor” and not necessarily “owner”, as it concerns objects and surfaces that do not yet have a final ownership document. /skyweb.al

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