Notarial deed. We do not have a document of ownership of the property. What to do?

Notarial deed. I do not have a document of ownership of the property. What to do?

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Notarial deed. I do not have a document of ownership of the property. What to do?

 

Belov Law Firm provides you with an explanation of what a notarial deed is; how can we obtain a notarial deed; What is a background check procedure?

 

From a legal point of view, the issuance of a notarial deed is regulated in the provision of Art. 587 of the Code of Civil Procedure, and its probative value and the procedure for challenging it – in Interpretative Decision №11 of 21.03.2013 on interpretative case No. 11/2012, the Supreme Court of Cassation.

 

The notarial deed is a common form of recognition of property rights on the basis of written evidence and testimony, and the law provides for two hypotheses, namely

 

1) Notarial deed certifying the right of ownership on the basis of written evidence

 

2) Notarial deed, certifying the right of ownership by prescription on the basis of a circumstantial inspection.

 

When the property owner does not have a document for his right, he can obtain one after establishing his right with proper written evidence before the notary.


The notary in whose area the real estate is located is always competent to issue a notarial deed.

 

If the owner does not have such evidence or if it is not sufficient, the notary carries out a circumstantial inspection for the acquisition of property by prescription by examining at least three witnesses nominated by the mayor of the municipality, region, or town hall or by an official designated by him, area is real estate.

 

Witnesses are identified on the instructions of the owner and should, if possible, be neighbors of the property.

 

Based on the evidence under para. 1 and 2 the notary shall pronounce with a motivated decree.

 

If the right of ownership is recognized with it, the notary issues to the applicant a notarial deed of ownership of the real estate.

 

The notarial deed contains:

 

1) The year, the month, the day, and when necessary, the time and place of its issuance;

 

2) The name of the notary who issues it;

 

3) short designation of the documents, certifying the availability of the requirements of art. Art. 586, para. 1 of the Civil Procedure Code (similar requirements as for the issuance of a notary deed);

 

4) The full name or title and the unique civil number of the owner, the number, date, place and body of issuance of the identity document;

 

5) Accurate description of the real estate with indication of the boundaries and its location.

 

Duration of production: 1 to 9 months (depending on the case).

 

The proceedings begin with a request-declaration addressed to the notary.

 

It should be certified by the mayor of the settlement (the mayor of the region), the district governor and the relevant units of the mayor’s office and the district administration.

 

For the procedure of circumstantial inspection, respectively the issuance of a notarial deed, a scheme of a separate site and / or a sketch of a land property, tax assessment and others are also required (depending on the case).

 

According to the provision of art. 17, para 1 of the Constitution of the Republic of Bulgaria the right to property is guaranteed and protected by law.

 

Belov Law Office informs you that this article does not constitute legal advice, but due to the importance of the guaranteed and protected by law property right, we recommend that you always seek the assistance of a lawyer.

 

Notary Chamber of the Republic of Bulgaria 

 

For more, please read our section about :

 

Property law

 

or

please contact us

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