A holiday house the family has lived in for thirty years, but no title deed. A yard fenced and farmed by a grandfather, which on paper belongs to a relative abroad. Cases like these are resolved through acquisitive prescription (придобивна давност) — ownership acquired through long possession. The document that records it is usually a constative notarial deed issued after a circumstantial check (обстоятелствена проверка).

For the owner it is a lawful way out. For a buyer it is a property with more questions than usual.

What acquisitive prescription is

Under Art. 79 of the Property Act, ownership is acquired through continuous possession for 10 years. If the possession is in good faith, the period is 5 years. A possessor is in good faith when they hold the property on a basis capable of making them the owner, without knowing that the transferor was not the owner — for example, they bought under a contract from someone who presented themselves as the owner.

All of the following must be present:

Possession, not mere holding. The possessor exercises control as an owner — lives there, repairs it, pays the taxes, fences it, asks no one's permission. A tenant, a holder of a right of use, or a relative "left to look after" the house are holders. They do not acquire by prescription, however many years pass.
Continuity and peace. Possession must not be interrupted, obtained by force or concealed.
The period has run. Prescription does not apply automatically — the possessor must rely on it.

A warning about co-ownership. A co-owner or co-heir who lives in the whole property normally possesses the other shares on behalf of the others. To acquire those shares by prescription, they must have made it clear to the others that they are holding them for themselves. This is one of the most common reasons constative deeds fail in court. More on co-ownership in our guide to co-owned and inherited property.

Property that cannot be acquired by prescription

Public state and municipal property — streets, parks, school grounds and so on (Art. 86 of the Property Act).
Private state and municipal property — prescription against it has been suspended by law several times (the so-called moratorium), and the period has been extended repeatedly. If the property may once have been state or municipal, check the current text of the law and the property's history.

How the constative deed is issued

An owner without a title document can ask the notary where the property is located to recognise them as owner:

On documents (Art. 587(1) of the Civil Procedure Code) — if there is adequate written evidence.
By circumstantial check (Art. 587(2)) — if there is none, or not enough. The notary questions three witnesses nominated by the mayor, preferably neighbours, and decides by a reasoned order.

The application is usually accompanied by a cadastral sketch, a tax valuation certificate and declarations. The procedure is one-sided — nobody notifies a possible true owner.

In August 2026 the Ministry of Justice proposed that the circumstantial check should also require written evidence of possession and the applicant's personal appearance — details in our article on the draft package against property fraud. Until any changes are adopted, the current procedure applies.

How "strong" such a deed is

A constative deed is not a court judgment and has no res judicata effect. Anyone claiming to be the owner can challenge it in court (Art. 537(2) of the Civil Procedure Code). The courts accept that the deed has evidential value until it is disproved, and that the burden of disproving it lies with the challenger. But if the true owner proves that the period had not run, that there was only holding, or that the witnesses did not tell the truth, the deed falls — and with it every transaction made after it.

The risks for a buyer

1. The true owner turns up. Heirs abroad, owners whose land was restituted, co-owners who "weren't interested". The newer the deed, the higher the risk.

2. False witnesses. That is exactly why the circumstantial check is among the most used schemes in property fraud.

3. The bank. Some banks are more cautious about a mortgage on a property with a recently issued constative deed based on a circumstantial check and may ask for additional documents.

4. Mismatch with the cadastre. The area actually possessed often does not match the boundaries on the cadastral map — especially with old fences and village properties.

What to check before you buy

When the deed was issued and whether it is registered. Ask for a copy of the notary's order and, if possible, the notary file.
The property's history before the deed. Who owned it under old documents, restitution decisions, land books? Who are the heirs of the last documented owner?
A Property Register search against the property and the names of earlier owners — for registered claims, attachments and mortgages.
Tax history. Has the seller paid building tax and the waste fee over the years? That is indirect evidence of possession as an owner.
The neighbours. A short conversation often tells you more than the documents — who lived there, whether there were disputes.
Sketch and boundaries. Compare the sketch with the fence on the ground.
State or municipal property? If in doubt, check for state and municipal ownership records.

The general list of pre-purchase checks is in our legal checks before buying.

How to reduce the risk in the deal

Representations and warranties from the seller in the contract — that possession was as an owner, undisturbed, and that they know of no claims.
Part of the price held in escrow or paid in instalments if the deed is very recent.
The known heirs of the previous owner joining the deal, or confirming before a notary that they have no claims.
Reflecting it in the price. A property with a "weaker" title document often sells at a discount. That is fair if the risk is real.

In short

Possession for 10 years (or 5 in good faith) can make the possessor the owner (Art. 79 of the Property Act).
Holding — renting, a right of use, looking after someone else's property — does not lead to prescription.
A constative deed after a circumstantial check rests on the evidence of three witnesses and can be challenged in court.
A buyer checks the history before the deed, the previous owner's heirs, the register and the tax history.

If you are offered a property with a constative notarial deed, or want to regularise your own possession, call us or come into the office. We will review the documents and the property's history before you take on any risk.

This is general information, not legal advice for a specific case. Verified as of October 2026.

Acquisitive prescription and the constative notarial deed in Bulgaria: when possession makes someone the owner, and the risks of buying such a property