When we have got lack of proofs of the ownership
A big part of us as owners, whether in villages or cities that have inherited old properties do not have proof of ownership. In practice there are different cases. For example, the property is mastered and used by several generations in a row, leading to their ancestors in the property registers of the municipality. And that's all. The history of the property can not be traced in the Registry Agency. Another example. Landowners built homes with their own forces and resources. These homes were built and approved architectural plans and have received a construction permit (protocol for a construction line, permission for use of water from plumbing, permission to connect to power). Built a house and live in it. Pay taxes. But do not have proof of ownership. Usually a need for proof of ownership if the owner or his heirs decide to dispose of the property. These owners when they have proper documentary evidence to obtain findings title deed by Notary of art. 587 of the Code of civil procedure /CCP/. If they do not have such evidence or they are not enough notary performed circumstantial check to acquire property by prescription. These are the so-called findings deeds. The notary circumstantial check to acquire property by prescription. These are the so-called findings deeds. The notary circumstantial check to acquire property by prescription. These are the so-called findings deeds.
Title deeds known in Bulgarian legislation are divided into two main groups:
• deeds, certifying the legal real estate transaction;
• title deeds proving ownership of real estate, ie so-called findings deeds.
With findings deed owner can obtain in the cases:
1. proper documentary evidence (documents) occurred before the notary, in whose district the property is located right on property. In practice, the most common cases for issuing findings deeds are when the applicant became owner in succession, ie There deed on behalf of the transferor. In other cases where the applicant has the document in its name, which is sufficient proof of ownership but not deed, etc.
2. do not have written proof of ownership or insufficient.
Sometimes missing any documents about the property. For example Owned title deed of the land under the house, but the house is gone.
The notary circumstantial check to acquire property by prescription by interviewing three witnesses (art. 587, para. 2 CCP) .In factual verification before the Notary cited as a major acquisition methods adverse possession under Art. 79 of the Property Act. The interpretation of this article is that possession is exercised by permanent possession of apparent constantly doubt and peaceful for more than 10 years (5 years if possession is in good faith). Based on evidence collected Notary recognizes the right of ownership, acting by a motivated ruling and issue a finding title deed.
Tinchev law firm have got the ability to provide legal assistance, protection and assistance for the realization of your rights and legitimate interests in the procedure for collecting necessary documents and representation before the Notary.