The Bulgarian encumbrance certificate is clean: what else should you check?
Property encumbrance checks in Bulgaria: why a clean certificate does not settle every title question and what else to review before buying.
Read article →Competing transfers from one owner require comparison of both deeds and registration times. Registration does not cure every defect.
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.
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.
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.
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This article is for general information only. It does not constitute or replace individual legal advice.