Suspension and Interruption of Acquisitive Prescription

Acquisitive prescription is one of the traditional methods of acquiring ownership and other property rights over real estate. It is regulated by the Property Act (PA) and is based on the factual exercise of possession over a property for a period defined by law. Generally, a bona fide possessor acquires ownership of immovable property after 5 years (Art. 79(2) PA), while a bad-faith possessor does so after 10 years (Art. 79(1) PA).

However, the legislator provides for situations where the running of acquisitive prescription is suspended or interrupted. These legal institutes guarantee the protection of the owner’s rights and ensure a balance between the interests of the owner and the possessor.

I. Suspension of acquisitive prescription

Suspension means a temporary halt of the limitation period when certain circumstances expressly provided by law occur. The time during which prescription does not run is not counted. Once the ground for suspension ceases, the prescription continues from where it was stopped.

According to Art. 115 of the Obligations and Contracts Act (OCA), acquisitive prescription is suspended:

• between children and parents while parental rights last;

• between spouses while the marriage lasts;

• between a ward and a guardian;

• if the prescription period expires during military mobilization of the creditor or debtor, the claim may be brought within 6 months after demobilization;

• for claims expressly listed in the law.

These grounds are applicable to acquisitive prescription by virtue of the reference in Art. 84 PA, which provides that the OCA rules on suspension and interruption of prescription apply accordingly.

II. Interruption of acquisitive prescription

Interruption has more serious consequences than suspension because the elapsed time is erased and a new period begins.

According to Art. 116 OCA, prescription is interrupted:

• by acknowledgment of the obligation by the debtor (in this case – acknowledgment of ownership by the possessor);

• by filing a lawsuit or an objection in conciliation proceedings;

• by undertaking enforcement actions.

With regard to acquisitive prescription, this means that if the owner files a claim for ownership (vindication claim under Art. 108 PA) or takes steps to protect possession, the running prescription is interrupted and a new term begins.

III. Case law

The Supreme Court of Cassation (SCC) has repeatedly emphasized in its practice that:

• interruption of acquisitive prescription occurs upon filing the claim, not upon the entry into force of the judgment;

• acknowledgment of ownership by the possessor may be explicit or implied, established through actions incompatible with the intention to appropriate (SCC decision);

• suspension under Art. 115 OCA aims to protect persons in relations of dependence or particular vulnerability (e.g., between parents and children).

Conclusion

Suspension and interruption of acquisitive prescription are key institutes for achieving balance between the interests of the owner and the possessor. Suspension temporarily halts the period, while interruption erases the elapsed time and starts a new term. Bulgarian law regulates these mechanisms through the general rules of the OCA, applicable via the PA, and through established SCC case law. This ensures stability and predictability in property relations concerning acquisition of ownership by prescription.

If you or your relative is facing a similar case, it is advisable to consult a lawyer specializing in property law, who can provide legal advice and represent you in court. This article does not constitute legal opinion or advice by attorney Mihail Tomov and is not related to a specific situation or person. For legal assistance in cases concerning acquisitive prescription or any property law matters, a legal consultation with a lawyer is necessary.