Locked out of a property: protection of possession in Bulgaria

Violent or concealed dispossession may justify protection of possession or holding without first determining ownership. A possessory claim protects the factual situation when statutory requirements are met; it does not make the occupier an owner.

Two distinct grounds

Article 75 of the Ownership Act protects uninterrupted possession of immovable property or a real right lasting more than six months against interference. The claim must be brought within six months of the interference. Article 76 concerns dispossession by violence or stealth and also protects a person holding for another; it likewise has a six-month claim period. Article 75’s requirement of six months of prior possession should not simply be imported into Article 76.

What needs proving

Actual use before the event, the manner of exclusion and the date matter. Keys, witnesses, deliveries, an agreement and messages can establish control. Ownership by the person changing the locks does not settle whether forcible self-help was lawful.

The court examines possession and its disturbance in these proceedings. If a title claim against the same defendant over the same property is already pending, Article 359 of the Civil Procedure Code imposes a restriction, with an exception for subsequent violent or concealed dispossession. The sequence of proceedings therefore needs assessment before filing.