I live in the inherited home and pay the taxes: can I acquire the other shares by prescription?

Long occupation of inherited Bulgarian property does not, on its own, establish that the other heirs have lost ownership. It is also incorrect to say that acquisition by prescription between co-heirs is always impossible.

The issue is whether the common property is being used while recognising the others' rights, or whether the conditions for possessing their shares as one's own have been met.

Use and possession are different questions

Bulgarian law distinguishes possession for oneself from holding for another. In inherited co-ownership, someone may possess their own share while holding the others' shares. Keeping the keys and living there permanently does not automatically determine ownership of the whole asset.

Interpretative Decision No. 1/2012 of the Supreme Court of Cassation's General Assembly of the Civil College requires attention to the basis on which factual control began. Where another's share was initially held, acquisition by prescription requires a change demonstrated by acts denying the others' rights, subject to the requirements concerning their knowledge. Particular circumstances and applicable exceptions must be examined.

Why tax receipts are not enough

Taxes, utility bills and repairs may have evidential relevance but are not independent ways of acquiring ownership. They may also reflect ordinary maintenance of a shared family property.

A municipal declaration is not a substitute for an acquisition basis. Maintenance and improvement costs can create separate claims between co-owners; they do not automatically become a larger ownership percentage.

When does time start running?

Article 79 of the Property Act provides for ten years of uninterrupted possession, or five years for good-faith possession. Good faith is a legal concept here, not simply conscientious care of the house.

Time does not necessarily start at the deceased's death or with the first utility payment. Where the other shares were initially held, it is necessary to establish whether and when the nature of control changed. Interruption, suspension and other relevant conditions also require assessment.

What each side should do

If you occupy the property, assemble inheritance documents, arrangements between heirs, correspondence and a chronology of use. Do not attempt self-help eviction or other conduct intended to manufacture a prescription claim.

If another heir denies your rights, do not assume an oral objection necessarily provides sufficient protection. Appropriate legal action and evidence must be assessed in time. A declaratory notarial deed issued to that person should be reviewed rather than automatically treated as the end of the dispute.

Before a sale, the buyer should understand whether ownership is uncontested or already disputed between heirs.