Acquisition of property by prescription
Acquisition of property by prescription
Acquisition of real estate can be done in several ways
- By deal / sale, donation and others. /
- The Heritage
- By testament
- With prescription
Prescription is a period of time determined by law, in which one person speaks and enjoy one another's property with the intention of becoming its owner.
How many years are needed to become an owner?
The acquisition by prescription becomes in fact a complex composition. It's necessary :
Parvo- exercise of possession. It is the domain to be continuous, and it is known that the loss was quenched with him for more than 6 months. If the possessor in good faith, must meet the signs of possession in good faith, namely '' possessor in good faith when he possesses property on a legal basis fit to make him the owner did not know that the transferor is not an owner or that prescribed by law form it was vitiated. Is sufficient good faith exists in case of legal basis. '' Pleas for possession in good faith can be: transactions, court decisions and administrative acts.
Second- expiration of a period of time during which exercise dominion. The deadline is counted in years- real estate he is 10 years of fraudulent possessor and five years for bona fide: a movable veshti- five years. The time limit begins from the day of ustanoyavane possession and expire on the respective day / month / fifth, respectively. of '10.
Third- declaration of intention of the possessor. The expiration of pridobivnaa prescription does not automatically lead to the creation of property rights in favor of the possessor, as it does not apply automatically. This means that no court, and the possessor here is predtsveno right to invoke the past in favor of acquisitive prescription. The statement of the possessor regarding prescription can be done in different ways.
Prescription is governed by the legal certainty especially in the case of derivative acquisition of property rights, whereby, if the grantor is not the owner or the legal basis suffers from vices, the transferee will not become the owner will live in eternal fear that anyone can attack the right of his predecessor. So if a person can not become the owner by a legal transaction and custody rights owner in a given period, it is useful to create a new basis for another acquisition of such rights. Thus the legal position into line with actual, facilitates proof of ownership, simplifies the relationship, reducing disputes
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg