I don't have a title deed!
It often happens in practice that there is no document of ownership for old properties, for which no disposition transactions have been made. Such cases exist both in the villages and in the cities. There are different hypotheses.
When the property is hereditary and is used and owned without any transactions, being led to the original heir who acquired it.
There is no information about such a property in the Registry Agency, which started functioning after 1992.
Another typical case is the construction of a house on their own.
It is possible that the legislation in this direction has been complied with and that a project has been developed, that there is a construction permit, a construction line protocol, a water use permit and a water supply and sewerage system. The house is used, it is declared in the tax office and taxes are paid, but there is still no ownership document.
The need for a title deed arises when a disposition transaction is reached.
When relevant written evidence of the right of ownership is available, then a Notary shall issue a notarial deed under Art. 587 of the Civil Procedure Code. If, however, you do not have such evidence or they are not sufficient, the Notary performs a circumstantial inspection of property by prescription. These are the so-called ascertaining notarial deeds on circumstantial inspection.
The notarial deeds known in the Bulgarian legislation are divided into two main groups:
• Notarial deeds certifying the execution of a legal transaction with real estate;
• Notarial deeds certifying the right of ownership over real estate, ie. the so-called ascertaining notarial deeds.
The owner may obtain a notarial deed in the following cases:
When, with proper written evidence (documents), the right of ownership is established before the Notary in whose area the property is located. In practice, the most common cases for issuing notarial deeds are when the applicant has become the owner by succession, ie. there is a notary deed in the name of the attorney. In other cases, when the applicant has a document in his name, which is sufficient proof of ownership, but is not a notarial deed, etc.
Written evidence of ownership is not available or is insufficient.
It happens that there are no documents for the property. For example, there is a notary deed for ownership of the land under the house, but there is no such deed for the house.
The notary performs a circumstantial inspection for the acquisition of property by prescription through the examination of three witnesses (Article 587, paragraph 2 of the Civil Procedure Code ).
In the circumstantial inspection before the Notary, the prescription possession under Art. 79 of the Property Act. The interpretation of this article is that the possession has been exercised through permanent factual power openly and continuously, unquestionably and calmly for more than 10 years (5 years if the possession is in good faith). On the basis of the collected evidence, the Notary recognizes the right of ownership by ruling with a motivated decree and issues a notarial deed of ownership.
With us, in Arabadjiev's Office, we will assist you in collecting the necessary documents, as well as completing the file for the implementation of the entire procedure. Our lawyers will finalize it before a Notary, thus protecting your rights and interests.
Contacting us on tel .: 0888 304670 we will discuss and arrange your searches for our offices in Plovdiv, Sofia and Stara Zagora. Call us!