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A neighbour interferes with your property without occupying it

When a Bulgarian owner can seek an end to interference: identify the act, prove its effect and request a workable remedy.

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

The essentials

  • Loss of possession is not required.
  • Identify the interference and the responsible person.
  • The remedy must address the proven obstruction.

A neighbour need not occupy your land for ownership protection to be available. Under Article 109 of Bulgaria’s Ownership Act, an owner may seek an end to unjustified acts that obstruct the exercise of ownership.

Annoyance or actionable interference?

A strained relationship does not establish a violation. Identify the act, the person carrying it out or maintaining it, and its effect on the specific property. A barrier may obstruct a lawful entrance without encroaching on the apartment itself.

For interference originating from neighbouring property, Article 50 addresses disturbance exceeding ordinary limits. Measurements, inspection and expert evidence may be more useful than a general complaint of inconvenience. A building permit does not automatically authorise every impact on neighbouring ownership, although administrative legality and interference with civil rights are assessed separately.

Request a workable remedy

The relief sought should remove or stop the proven interference. Not every violation justifies demolition of an entire neighbouring structure. The requested measure must relate to restoring normal use.

Compensation for damage already sustained is a separate issue. With a leak, for example, stopping the source and recovering the cost of a damaged ceiling may require different evidence and remedies.

Practical guidance

What to do, step by step

01 / 03

Describe the interference

Make the facts verifiable.

  • Record the location, period and consequences.
  • Preserve photographs and correspondence.
02 / 03

Investigate the cause

Do not assume the nearest neighbour is responsible.

  • Use a specialist to establish the source.
  • Collect relevant permits and plans.
03 / 03

Define the remedy

Request specific restoration of normal use.

  • Describe the act to be stopped or obstruction removed.
  • Separate the evidence supporting damages.

Discuss this legal issue with our firm

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