Have you possessed a property for years but lack complete documents? The first step is to establish its legal status and ownership history.
Barakovi Law Office assists with notarial procedures, obtaining title documents and assessing acquisition through acquisitive prescription under Bulgarian law. Within the agreed engagement, we prepare documents and represent you before a notary and the relevant institutions.
Help obtaining title documents
If a notarial deed is missing or the documents are incomplete, we trace the basis of acquisition, succession and identification of the property. The review may cover notarial deeds, contracts, judgments, administrative acts and archive records.
We assist with obtaining copies and certificates, cadastral plans and sketches, tax valuations, inheritance certificates and extracts from the Property Register, cadastre and competent state or municipal authorities, subject to the applicable procedure and power of attorney.
Notarial procedures and evidentiary enquiries
Preparation may cover transaction documents, powers of attorney, declarations and agreements, as well as assistance with obtaining a notarial deed recognising ownership where the legal requirements are met.
For acquisitive prescription, we assess documents, witness evidence and the actual exercise of possession. The competent notary conducts the evidentiary enquiry and assesses the evidence submitted. If ownership is disputed, we also discuss the need for court proceedings.
State and municipal property after the moratorium
By Decision No. 3 of 24 February 2022 in constitutional case No. 16/2021, effective from 8 March 2022, Bulgaria’s Constitutional Court declared unconstitutional the provisions concerning the moratorium on acquisitive prescription for private state and municipal property.
It is therefore possible to examine acquisition by prescription of a particular property classified as private state or private municipal property. The prohibition remains for public state and municipal property. Special statutory restrictions affecting particular categories must also be checked.
Ending the moratorium does not automatically confer ownership. Each case requires calculation of the periods that may count before, during and after it, and examination of any suspension or interruption. The nature and duration of possession and the evidence of its exercise are essential.
What is assessed for acquisitive prescription
- The property’s status and the grounds on which the state, municipality or another person claims ownership.
- When and how possession began and any evidence of interruption.
- Whether earlier periods of possession may be counted or joined.
- Relations with any co-owners and heirs.
- Available written and witness evidence and actions concerning the property.
Preparing for the consultation
Prepare the property documents you have, its location or cadastral identifier, and a brief chronology of use and possession. Tax payments, fencing and maintenance may be evidence, but do not alone establish all requirements for acquisition by prescription.
After review, we discuss possible steps: completing the documents, notarial proceedings, agreement or a court claim, according to the circumstances.
Legal basis: Constitutional Court Decision No. 3 of 24 February 2022 and the applicable provisions of the Bulgarian Property Act and Code of Civil Procedure.