By Aurel PLASARI/ The sea is not "deep over the tail"

2026-06-22 20:28:00, Opinione Aurel Plasari

A category of bandit owners has been increasing in Albania, who consider the roads leading to the coast as "spurs on the tail" of their properties. It seems incredible how many years the struggle to free the road leading to Kakomesa beach continued! Today, a call has been made to free the fence at the entrance to Karpeni beach. A video of citizens has recorded the fence with iron and wire that has been made around Qerret beach. How many more "spurs on the tail"?

In the Republic of Albania, the coast and beaches are public property protected by law. It would have been up to the state to teach the bandits who do not want to know about this: not with lectures, but with punishments. Let them enjoy the accumulation of great wealth! We are in capitalism and we have accepted capitalism. But, if great wealth makes such owners go above the laws, then the Republic has broken down: the voters have voted for the party, while the big owners govern, not the institutions.

So once again: when access roads to the coast have historically existed, no owner of the surrounding land has the right to block them as long as they are protected by the principle that the coast is public property and access to it cannot be isolated from private property. Not even in cases where such roads may pass through land with a certificate of ownership (title).

In the Republic of Albania, the aforementioned principle has been sanctioned through the combination of Tourism and Civil Law legislation.

The Law on Tourism and government regulations strictly prohibit blocking existing roads leading to beaches. Legal Basis: Law No. 93/2015 “On Tourism” (as amended) and the Regulation on Beach Resorts (VKM approved by the Council of Ministers).

According to the aforementioned Regulation, in cases of blockage of existing roads by private entities or owners, the Local Self-Government Unit (Municipality) has the legal obligation – that is, an obligation! – to intervene immediately to clear these roads or to build new roads that guarantee public access to the beaches. And not to call Vangjua and beg: “Aman, do me this honor, open the gate a little!”.

On the other hand, according to the Civil Code of the Republic of Albania, if a passageway has been open and freely used by the community or vacationers for a very long time, the law recognizes the existence of a “factual easement” or right of way acquired over time. Legal Basis: Articles 265-276 of the Civil Code of the Republic of Albania, which explicitly state: if a road has existed visibly (has been paved, beaten or opened) and has served for passage for more than 10 or 20 years (acquired statute of limitations of the easement), the new landowner cannot unilaterally destroy or block it, even if this road is within the boundaries of his property.

If a bandit owner erects fences, posts barriers or physical obstacles in the existing path to the sea, the legal steps are:

Complaint to the Municipality and Municipal Police (Fastest Way). Vacationers, residents of the area or affected businesses must immediately notify the relevant Municipality and the Inspectorate of Territorial Protection (IMT). The Municipality has the right to intervene by force of law to remove the fences and open the road, as access to a public property (coast) is blocked.

If the owner closes the road without a court decision granting him this right, he commits the criminal offense of Self-Justice (Article 277 of the Criminal Code). Therefore, the State Police may be notified and the owner is subject to criminal charges for “Self-Justice”.

If the Municipality does not intervene, the community of residents or interested persons may file a lawsuit in the Civil Court for “Return to the previous state” of the road and recognition of the right of way (easement).

If the institutions of the Republic do not act for the bandit owners who are above the law, then it is up to the people to act to protect the Republic./ CNA