Under the settled case law of the Bulgarian Supreme Court of Cassation, acquisitive prescription is one of the ways of acquiring ownership of property recognised by Article 77 of the Ownership Act. Under Article 79, ownership of immovable property may be acquired through ten years of uninterrupted possession, or five years of uninterrupted possession in good faith. Article 68 defines possession as exercising factual control over a thing which the possessor holds as their own, personally or through another. Two elements therefore matter: actual control and holding the thing as one’s own. The subjective element, the intention to hold as owner, is presumed in favour of the possessor. Someone disputing that the holder possesses as owner bears the burden of rebutting that presumption. The elements required by Article 79 must be established by full proof in the proceedings. Oral evidence is a principal means of proving acquisitive prescription: witnesses should be called. In a dispute, it is for the court to assess the evidence and determine on the merits whether the plea of prescription is well founded. A person invoking prescription must specify who established factual control, when it began, how long possession continued and against whom it is asserted. A party seeking to prove acquisition of one or more properties by prescription must also establish that the property is not excluded from private dealings: there must be no prohibition on its acquisition by prescription.<\/p>\n
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This article does not provide a legal opinion or advice about any particular person or situation. For assistance with an individual case, consult a lawyer practising in property law.<\/em><\/p>\n
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