In the case of Ramaj v. Albania the Court held that there had been no violation of the protection of property as concerned the part of the plot of land which had been occupied by illegal buildings. Those particular parts of the land had in effect been expropriated and the applicant could have applied for compensation, which he had apparently not done. However, it held that there had been a violation of the right to protection of property as concerned the remaining part of the plot of land.

The case concerned a plot of land which had been seized by the communist regime. A 2004 judgment restoring title of the land to the applicant has never been enforced, while the authorities have repeatedly refused his requests to register his ownership.

The Court found that the authorities’ manner of dealing with the applicant’s situation had lacked clarity and transparency. Interference by the executive with property titles, faulty landregistry maps, a lack of clear procedures in cases of overlapping titles, and discrepancies in the domestic legal practice over compliance with court-ordered registration had all contributed to leaving the applicant in a state of uncertainty over his property for more than 26 years. The Court advised the national authorities to establish efficient and transparent procedures and a functional immovable property registration system in order to ensure respect for property owners’ rights.

• Press release