Ownership rights acquired through prescription or documents - authentication with a notary deed

 

Finding a Notary Deed - What does it represent and in which hypotheses it is necessary to issue it?

 

The story is ...

 

In Bulgarian legislation, the right to property on real estate is certified by specially prescribed documents - notary deeds, court decisions, administrative acts, etc. I am the owner of a house, an apartment, a villa, and I do not have any of the above documents. Under these circumstances, a notary must be contacted to issue the so-called notary deed. With this type of act, the notary will decide on the existence of title to my real estate, for which I do not have a document of ownership.

 

What are the opportunities for me?

 

Depending on whether I have written evidence - such as a certificate of heirs to whom I refer to establishing my right of ownership - two options for the development of the proceedings before a notary are possible:

 

1. issuing a notarial deed (on the basis of the documents I have submitted, ie written evidence);

 

2. issuance of a notarial deed on the basis of a circumstantial check (since here or there is no written evidence or insufficient evidence, the notary will carry out the due diligence in order to establish the existence of expired acquittal in my favor).

 

1. Finding a notary deed on the basis of proper written evidence - a myth and a legend or a real opportunity?

 

In this procedure for the issuance of a notarial deed, the notary conducts a check on the existence of a right of ownership on the particular immovable property on the documents I have submitted:

 

- certificate of inheritance;

 

- a partitioning agreement;

 

- a court decision for declaring a preliminary contract for the final

 

- others.

 

1.1. The proceedings are commenced with a written request to the notary in whose area my property is located. I attach to it the written evidence to which I refer for establishing the right to property on the real estate in question.

 

1.2.I apply a Certificate of Tax Assessment of the property, issued by the municipality, the region of its location.

 

1.3. I can also submit a draft deed, but not necessarily because the notary can draw it (of course, at an additional cost)

 

1.4. After assessing the written evidence submitted, the notary decides by a motivated decree recognizing or refusing to recognize the right of ownership of the particular immovable property.

 

1.5. If it is acknowledged, the notary issues a notarial deed finding that meets the conditions laid down by law - The notary deed must contain:

 

Year, month, day, and when necessary - and the time and place of issue;

 

2. the name of the notary who issues it;

 

3. short identification of the documents certifying the availability of the requirements that the claimant be the owner of the property and whether the special requirements for carrying out the transaction are present;

 

4. signature of the notary;

 

5. the full name or the name and the unified civil number of the owner, the number, the date, the place and the authority of issuance of the identity document;

 

6. precise description of the real estate, indicating the borders and its location.

 

2. Finding a notary deed based on a circumstantial check

 

This procedure is used in the absence of any written evidence as well as when it is not sufficient to certify my right to property. The purpose is to establish the reason for acquiring the ownership of the particular real estate, namely the expiration of the limitation period - When the notary establishes that I have owned the property clearly and undisclosed by no one during a certain period of time, I have acquired the right to property due to .nar. the acquirement has expired in the right.

 

When, for at least 5 years, I have exercised in person or through my own people (relatives, tenants) factual authority over the property and have a legal basis (It may be a deal, most often a sale, a replacement, a donation, a payment instead of payment, and, I am a good conscience and, as such, acquire the right to property because of a 5-year period of expiration. For example, a legator bequeathed to me a certain real estate. But I did not know that the requirements of the law on the form of the wills done in my favor were not met. Because of the wrongdoing, this act is not a fit legal basis to transfer ownership of the property. However, if:

1. I have owned at least 5 years of property

2. and I did not know about the vice (which is why the law treats me as conscientious)

 

I may require the notary to carry out an in-depth examination and to rule on my right to property