Acquisition of property by prescription

Acquisition of Real Estate through Adverse Possession: Legal Framework and Practical Guidelines

Introduction

The acquisition of real estate through adverse possession is a legal mechanism allowing an individual to become the rightful owner of a property by continuously and openly possessing it for a specific period. This method, recognized under Bulgarian law, provides legal protection to individuals who occupy and use a property as owners without formal ownership documents.

Legal Framework

Primary Legal Acts

Law on Ownership:
Regulates the conditions and timeframes for acquiring property rights through adverse possession.
Civil Procedure Code (CPC):
Outlines the procedure for proving adverse possession in court.
Law on Cadastre and Property Register:
Specifies the rules for registering ownership acquired through adverse possession.

Conditions for Acquiring Ownership through Adverse Possession

Possession:
The individual must possess the property openly, continuously, and as their own.
Timeframe:
- 10 years: For regular possession.
- 5 years: For good faith possession (when possession is based on a legal ground later deemed invalid).
No Interruption:
The possession must remain uninterrupted by the previous owner or third parties.

Procedure for Acquisition through Adverse Possession

Step 1: Establish Possession

Open Possession:
The possession must be evident to others, and the property owner must be aware of it.
Continuous Possession:
The individual must demonstrate unbroken use of the property for the required period.

Step 2: Court Procedure

Filing a Claim:
The individual files a claim to recognize ownership through adverse possession with the competent district court.
Providing Evidence:
- Witness testimony to confirm the period and nature of possession.
- Documents supporting good faith possession, if applicable.
Court Decision:
If all conditions are met, the court grants ownership rights.

Step 3: Registration in the Property Register

Documents Required for Registration:
- Court decision.
- Application to the Registry Agency.
Final Ownership:
Registration legitimizes the individual as the rightful owner.

Advantages and Disadvantages of Acquisition through Adverse Possession

Advantages

Legal Certainty:
Provides an opportunity to legitimize de facto ownership.
Sustainable Use:
Encourages maintenance and care for abandoned or neglected properties.
Economic Benefits:
Allows the possessor to derive economic value from the property.

Disadvantages

Complex Procedure:
Requires court proceedings and legal assistance.
Risk of Disputes:
Previous owners or third parties may contest the claim.
Long Duration:
The required timeframe for acquisition can be substantial.

Legal Risks and Their Management

Challenges to Possession:
- Claims from previous owners or their heirs.
- Interruption of possession through legal action.
Lack of Evidence:
- Difficulty obtaining witness testimony or documents to prove possession duration and nature.
Mismatch with Cadastral Records:
- The need to update cadastral information for the property.

Practical Tips

Verify the Legal Status of the Property:
Ensure there are no registered encumbrances, mortgages, or liens.
Maintain Documentation:
Keep all records related to property use (e.g., receipts, agreements, witness statements).
Consult a Lawyer:
Professional assistance can streamline the process and increase the likelihood of success.
Act Promptly:
Initiate the procedure for recognizing ownership immediately after the required period elapses.

Conclusion

The acquisition of real estate through adverse possession is a legal mechanism that legitimizes de facto ownership. While the process requires time and substantial evidence, it provides the possessor with legal certainty and protection. Effective management of the procedure and professional legal assistance are essential for successfully acquiring the property.