Someone occupies your property without a legal basis: recovering possession

An owner may seek recovery from someone possessing or holding the property without a legal basis. Article 108 of the Bulgarian Ownership Act requires more than producing a notarial deed: title, the identity of the property and the defendant’s actual control must be established.

What the court decides

The occupier may dispute the acquisition or rely on a current lease, a right of use or another entitlement. Start with the chain of title and both parties’ documents. Property tax payments and address registration do not themselves establish ownership.

If the dispute concerns part of a plot, the claimed area needs precise identification. Differences between an old plan and the cadastre may require an expert survey. A request for “my part of the garden” may fail to produce an enforceable outcome without proper boundaries.

Judgment and physical recovery are separate stages

Where vacant possession is required, the claim should seek delivery of possession, rather than merely a declaration of title. If the occupier does not comply, enforcement proceeds through an enforcement officer under an enforceable instrument. Changing locks personally can create a separate possessory dispute.

Claims concerning unauthorised use, income or improvements have their own requirements. They are not automatically awarded because the owner wins the title dispute.