An owner can lose control of a property in two ways. Someone can move in and refuse to leave — a tenant after the lease has ended, a relative who was “just staying for a while”, a stranger in an empty flat. Or someone can stay outside but get in the way — a neighbour who blocks access or builds over the boundary. This guide deals with the first situation: someone else is in possession, and has no right to be.
The owner’s main remedy is the claim under Art. 108 of the Property Act, known in Bulgarian practice as the revindication claim. It is a claim based on ownership itself, and it is directed at whoever is in the property.
What you must prove
If the defendant can point to a valid basis — an unexpired lease, a registered right of use, a co-ownership share — the claim fails, and the dispute has to be fought on that ground instead.
Is it ever too late?
The claim itself is not time-barred: ownership does not expire just because the owner waited. But waiting is dangerous for a different reason. A person who possesses the property as their own for long enough can become the owner by prescription — after ten years, or five if they began in good faith on a title that looked valid. If that happens, you no longer have an ownership to protect. Act early.
Compensation for the time you were kept out
You can add to the same case a claim for compensation equal to the rent you could have earned. An occupant who knew they had no right to be there generally owes it for the whole period of occupation, within the five-year limitation period; one who believed in good faith that they owned the property owes it only from the date the claim is filed. A written demand still helps: it puts the occupant on notice and starts interest running. The court usually fixes the monthly market rent on the basis of an expert valuation. Sending a written demand as soon as the problem arises therefore has real financial value.
Faster routes
A full claim can take a year or more. Two tools can shorten the wait:
- An order for immediate enforcement under Art. 417 of the Civil Procedure Code. Where the occupant personally undertook, in a notarial deed or a contract with notarised signatures, to hand the property over — for example a seller who stayed on after the sale — the court can issue an order for immediate enforcement under Art. 417(3) CPC without a full trial. The owner’s own title deed is not enough against a former tenant, a relative or a stranger. The occupant can still object, but enforcement can start in the meantime.
- Interim measures. Where the documentary evidence is strong, the court can be asked to secure the claim while the case is pending.
Which route fits depends on the documents you hold and on how the occupant came to be there.
From judgment to keys in hand
When the judgment becomes final, the court issues a writ of execution. A bailiff then sets a date to hand over possession and, with police assistance where needed, removes the occupant from the property. You recover the keys on that day.
Questions clients ask
My tenant’s lease has expired but they will not move out. Is this a revindication case?
It can be, because after the lease ends the tenant has no legal basis to stay. Depending on the documents, a claim under the lease itself for return of the property may be simpler. We choose the route that gets you possession fastest.
Can I change the locks or remove the occupant’s belongings myself?
No. Taking matters into your own hands exposes you to claims and even criminal liability. Possession must be recovered through the court and the bailiff.
The occupant says they have been living there for more than ten years. Have I lost the property?
Not necessarily. Prescription requires continuous, undisturbed possession as an owner — not merely living there with your permission. The facts, and any steps you took over the years, will be decisive.
This guide is general information about Bulgarian law as it stood on the date of publication. It is not legal advice for your specific case.
