Expertise

Property Rights & Co-ownership

When the question is not whether to buy, but who owns what — and how to protect it.

Property law is the branch of civil law that decides who owns a thing, who may use it, and how those rights are defended against everyone else. In real estate it governs inherited flats shared by siblings, plots crossed by a neighbour’s access road, parents who keep a lifelong right of use after giving a home to their children, and buildings erected on land owned by someone else.

We advise and litigate on all of these, alongside our transactional real estate work.

Typical situations

  • Shared ownership that no longer works. Co-owners — often heirs or former spouses — cannot agree on using, renting or selling the property. Any of them can end the co-ownership through voluntary or court partition.
  • Someone else is in possession. A former tenant, relative or squatter will not leave, or a neighbour has built across the boundary. The owner can sue to recover possession under Art. 108 of the Property Act — see our guide on the revindication claim.
  • Uncertain title. Documents are missing, contradictory, or ownership was acquired through long possession. A declaratory claim can have the court confirm who owns the property.
  • Limited rights. Usufruct, building rights and easements need to be created, registered, exercised or brought to an end.

Our work includes

  • Advice on acquiring and disposing of property rights
  • Creating and protecting usufruct, building rights and easements
  • Partition of co-owned property and of former marital property
  • Claims to recover possession and to stop interference (revindication and negatory claims)
  • Declaratory claims to confirm ownership
  • Checks of Property Register entries and correction of errors
  • Acquisition of ownership by prescription (long possession)

Questions clients ask

What is the difference between ownership and a right of use?

An owner may possess, use, collect income from and dispose of the property. A holder of a right of use (usufruct) may live in or rent out the property and keep the income, but cannot sell it. The right is personal: it cannot be transferred and ends on the holder’s death or when the agreed term expires.

Can a co-owner be forced to stay in co-ownership?

No. The right to ask for partition cannot be waived and does not expire. If co-owners cannot agree, the court either divides the property into separate parts or, where that is not possible, assigns it to one co-owner against payment to the others or orders a public sale and splits the proceeds by share.

Can I become the owner of land I have used for years?

Possibly. Bulgarian law recognises acquisition by prescription after ten years of continuous, undisturbed possession as owner, or five years if the possession began in good faith on a valid-looking title. It does not apply to state and municipal public property. The fact is usually confirmed through a notarial deed procedure or in court.

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