I Have Land, But Am I The Owner? The Challenges of Agricultural Land Ownership in Albania between Historical Heritage, Political Legacies, and the European Integration Process

Abstract This article explores the complexity of land ownership in rural Albania by examining the historical evolution of agrarian reforms and the changes in the rural and agricultural landscape, the current and past legal framework, the challenges farmers face in the absence of formal property titles, and how it can be solved in the context of a candidate country to join the European Union (EU). This study adopts a multidisciplinary approach, drawing on indicators from the social sciences and humanities, political economy, history, and cultural heritage to analyze the trajectory of agrarian reforms and the local perceptions of rural populations. The empirical study carried out in two Albanian villages explores how these reforms have shaped Albania's agriculture and rural landscape. Above all, this study seeks to answer a key question: in Albania, owning land does not necessarily mean being the rightful owner – so what does ownership entail? With this study, the author seeks to clarify “ de jure ” property rights in Albania using the positive Roman rights of “ usus ”, “ fructus ” and “ abusus ”, and “ de facto ” how this works in practice, as shown by the example of two rural areas. We use Roman property rights, which are unusual in the literature on land tenure in Albania, given the country's historical past under Ottoman rule and the impact of Muslim property rights, which still influence the de facto use of land today. There are two main reasons for this choice: firstly, formal rights in the country create confusion between being a landowner without having full rights, and secondly, our perspective frames these issues in the context of EU integration and calls for a rethinking of the transition to the European legal system.