Property Documents Types of notarial acts

Types of notarial acts

 

Last Wednesday, we launched a series of consultations on the types of property documents in Bulgaria with clarifications on the documents issued when buying a dwelling from the municipality. Today we continue the topic with the types of notarial acts.

 

 

The Act on Ownership, the State Ownership Act, the Municipal Property Act, the Law on Obligations and Contracts, the Civil Procedure Code, the Law on Notaries, etc., provide for the special written notarial form for different types of transactions. These transactions are carried out by the notary in whose area the property is located. The notary can not carry out notarial deeds outside his area. According to the Law on Notaries, the notarial work on real estate transactions is carried out as an activity of private persons - notaries, but the state retains control over the registration of the documents in a common register. Notarial acts are mandatory for three large groups of notarial proceedings:

 

Notary deeds for transfer of ownership

 

Classical notary deeds are mandatory for contracts that transfer ownership by way of purchase, exchange, donation, transfer of immovable property against maintenance and consideration obligations. They are signed by the parties at the notary's office and are subject to registration by the recording judges on the day of the signatures of the participants and the notary.

 

There are also notary deeds for the incorporation, transfer, modification or termination of an immovable property right. According to the Civil Procedure Code in a notarial form, they also need the transactions, which have as their object the limited real rights of construction, overbuilding, extension and right of use.

 

This form is also used to verify ownership. Where the owner of the immovable property does not have a document of ownership, he may acquire such property once he has established his right, with due written evidence, to the notary. Such evidence may be property of his or her survivors or other relatives, notary deeds of lawyers, old sketches of the property, receipts of personal property paid by him or his relatives and taxes for the same property or part thereof, and others.

 

If the judge considers that the written evidence possesses the property of the applicant, the notary issues the so-called "finding" notary deed. If the owner does not have such evidence or they are not sufficient, the notary performs

 

circumstantial check

 

to acquire the property under prescription. (Pursuant to Article 79 of the Ownership Act, the right to property on limitation of immovable property is acquired with uninterrupted tenure for ten years, provided that possession is in good faith, the property rights are acquired with uninterrupted possession for 5 years. Who proves to the notary that he has ruled at different times, is presumed to have ruled in the interval). To this end, the notary examines the possession by interrogation of three witnesses designated by the mayor of the municipality, district or city hall or designated by him an official in whose area the real estate is located. Witnesses are indicated on the recommendation of the owner and should be neighboring neighbors if possible. On the basis of the written evidence and the testimony of the witnesses questioned, the notary drafted a reasoned decree recognizing or refusing to issue a document of ownership. If by decree the property right is recognized, the notary issues a notary deed to the applicant for ownership of the immovable property.

 

Refusals of Notaries and Registrars

 

to perform a notarial act can be appealed to the district court within 7 days of the refusal. The court decides in a closed session, but may summon the parties and collect evidence if necessary. The district court alone decides the appeal. According to the Family Code, the acquired movable and immovable property, with the joint contribution of the spouses during marriage, is a joint-stock property - a matrimonial property community, regardless of which spouse's name is recorded in the property document.

 

Property documents that do not have notary deeds

 

A will - either handwritten or notarially, replaces the notary deed for the properties described therein. Provided they were the property of the person at the time of the inheritance. The will is a disposal of the testator's property after his death. The will is announced by a notary by drafting a report. After payment of the state tax of 2% on the tax assessment of the estate, a certified transcript of the will is issued to the heir and it produces the effect of a document on the ownership of real estate. This is the case even when the will is challenged by a lawyer by a person with a reserved portion under the Act