The overall goal of the USAID/Kosovo Property Rights Program (PRP) is to improve the property rights
regime in Kosovo, strengthen the rule of law, and increase economic growth and investment. The
Property Rights Program has four objectives: 1) better coordination; 2) improved court procedures; 3)
enhanced women’s rights to use property; and 4) improved communication and understanding of property
rights. While the primary focus of this report is on Objective 3, the findings and recommendations cut
across all of the objectives.
The law related to both gender and property in Kosovo is modern and egalitarian. The problems that exist
in law with regard to women’s property rights are due to 1) inconsistencies in existing laws; and 2)
problems in practice, specifically the differential application of law and bureaucratic strategies that allow
the exclusion of women. The most significant inconsistencies in law pertaining to property rights are the
different claims on resources that spouses have in legally registered marriages and “factual” marriages
(see Section 2.3) and the lack of clarity with regard to the proper legal venue for uncontested cases of
inheritance. There is additionally confusion as to whether uncontested inheritance cases can be processed
by both the courts and notaries.