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A co-owner occupies the whole Bulgarian property: can you claim compensation?

A written demand matters when a co-owner excludes you from personal use. Establish access, your share and evidence of the amount claimed.

Kalchev Law FirmA law firm publication
1 min readPublished: Legal review pending

The essentials

  • A written demand matters to the starting date.
  • Actual deprivation of use must be established.
  • Compensation and obtaining access are different objectives.

Where only some co-owners personally use a Bulgarian property, Article 31(2) of the Ownership Act provides compensation for the benefit denied to the others from the date of a written demand. Owning a share and living elsewhere do not automatically establish a claim for retrospective rent.

Establish actual exclusion

Keys, access, allocation of rooms and existing agreements all matter. A genuine opportunity to use the property consistently with your rights may affect the claim if you decline it. A merely formal offer of unusable space does not necessarily resolve the issue.

The written demand should identify its recipient, the property and the claim. Evidence of receipt matters as much as the wording. A notarial notice is one possible method of service, not the only permissible document title.

The amount must reflect the lost benefit

Assess the share, period and use actually denied. An advertisement for an expensive neighbouring apartment does not itself prove rental value. Document the property's condition and usable area.

If you want practical access, an arrangement or judicial allocation of use may be needed in addition to a monetary claim. Where an outside tenant occupies the property, accounting for rent actually collected is a separate question.

Practical guidance

What to do, step by step

01 / 03

Record actual occupation

Identify who controls the property.

  • Keep correspondence about keys and access.
  • Record agreements and refusals.
02 / 03

Prepare a provable demand

Both wording and receipt matter.

  • Identify the property, share and requested resolution.
  • Choose a method that evidences service.
03 / 03

Assess period and amount

Support the claim with facts.

  • Collect evidence of condition and usability.
  • Distinguish compensation from an application to allocate use.

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This article is for general information only. It does not constitute or replace individual legal advice.