A claim concerning property incorrectly shown on the cadastral map

An action under Article 54(2) (formerly Article 53(2)) of the Bulgarian Cadastre and Property Register Act seeks a conclusive determination of the physical extent of ownership so that it can be correctly shown on the cadastral map as at the date of filing or the close of the evidentiary proceedings before the court concerned.

In substance, the action under the original Article 53(2), now Article 54(2), is a positive declaratory claim to ownership. Under Article 235(3) of the Code of Civil Procedure, ownership is determined as at the filing of the action or the close of the evidentiary proceedings, rather than at a historical date. Point 4 of Interpretative Decision No. 8 in interpretative case No. 8/2014 of the General Assembly of the Civil Chamber of the Supreme Court of Cassation resolved conflicting case law on this point. Where a physically identifiable part of a plot has been surveyed as part of a neighbouring plot, or not surveyed as a separate property at all, the dispute concerns ownership at the time of filing. Under Articles 2(5) and 51 of the Act, the maps must accurately reflect ownership and be kept up to date.

An Article 54(2) action is therefore a claim to ownership alleging that the disputed property was incorrectly shown or omitted from the map. The court must rule on the asserted title. If it finds a mapping error, it must identify that error in the operative part of its judgment so the competent administrative authority can correct it. If there is no error but the claimant proves title, the operative part will simply declare that the claimant owns the property. That determination conclusively rejects the competing rights asserted by the defendant.

This article does not provide a legal opinion or advice about any particular person or situation. For legal assistance in an individual case, consult a lawyer.