Extinction Of The Right Of Real Servitudes In Kosovo Comparative Aspect With Some European Countries

An established as well as acquired easement right (recorded in the public real estate books) may have reasons that may lead to the termination of this right. The right of real servitude exists to perform a certain function, a certain social role. And when for some reason this function of the right of servitude can not be applied in practice, then the right of servitude ends or may be extinguished. As with all other legal relationships, and with the servitude relationships with which the legal relationship was created or changed, I can reach a point where that relationship is extinguished. When we talk about a legal relationship, we say that it is the relationship in which a legal title can be created, changed or even extinguished on a certain thing or right. In the present case, the right of servitude is created by a legal title or can be changed from the initial creation by a legal title. In this case, the legal title created either by a legal work or by any of the state bodies, may lead to the disappearance of the right. In all cases in which it is claimed that the right of real servitude can be extinguished, then it must be seen if there is any of the reasons provided by the legal doctrine. As well as regional laws, with the exception of the Kosovo LPDTS, which does not provide for any cause leading to the termination of a real servitude right, but only states that a real servitude right can be extinguished like other established rights. from a legal relationship. It would be very necessary if all the causes (reasons) which lead us to the disappearance of a right of real servitude, are mentioned in the laws.