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The same Bulgarian property was sold twice: does registration decide priority?

Competing transfers from one owner require comparison of both deeds and registration times. Registration does not cure every defect.

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

The essentials

  • Contract date and registration priority are different.
  • A preliminary agreement does not transfer title.
  • Claims against the seller differ from the title dispute.

Where the same Bulgarian owner makes competing transfers, an earlier date on your notarial deed may not be enough. Article 113 of the Ownership Act governs effectiveness against third parties who acquired and registered property rights from the same owner. The precise chronology can be decisive.

Compare more than two dates

Obtain both deeds, registration entry details, property identification and the extent of the transferred rights. A preliminary agreement is not equivalent to ownership already transferred. Registration of a statement of claim can have its own effect, distinct from registration of a completed sale.

Registration is not a universal cure

The rule does not mean that whoever first registers any document becomes owner. Validity, the common transferor and applicable exceptions still need examination. A forged instrument or a disposition by someone lacking the necessary rights requires separate analysis; the register does not automatically cure those defects.

If the competing acquirer already seeks possession, coordinate the property defence with claims against the seller for payments and loss. A criminal complaint, where justified, does not itself resolve the civil dispute or automatically prevent further transactions. Do not await its outcome before considering civil proceedings and interim protection.

Practical guidance

What to do, step by step

01 / 03

Collect competing instruments

Check the property and common transferor.

  • Obtain copies and registration details.
  • Trace registered court claims too.
02 / 03

Build a chronology

Order contracts and registrations.

  • Separate preliminary agreements from transfers.
  • Record who currently possesses the property.
03 / 03

Coordinate the remedies

A complaint alone is insufficient.

  • Assess the civil claim and interim relief.
  • Preserve payment and loss evidence.

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