Under Article 109 of the Bulgarian Property Act, an owner may seek an end to any unjustified act that prevents the exercise of ownership. Two conditions must be met: the defendant\u2019s conduct must lack justification, and it must interfere with the owner\u2019s ability to exercise the right in full. Article 109 does not apply if the conduct is justified, or if it is unjustified but creates no obstacle for the owner. The claimant must therefore prove ownership, unjustified interference by an act or omission of the defendant, and an obstacle to using the property that exceeds ordinary inconvenience within the meaning of Article 50 of the Act. See Interpretative Decision No. 4 of 6.11.2017 in interpretative case No. 4\/2015 of the General Assembly of the Civil Chamber of the Supreme Court of Cassation.<\/p>\n
According to Interpretative Decision No. 31 of 6.02.1985 in civil case No. 10\/84 of the General Assembly of the Civil Chamber of the Supreme Court, the owner can bring a negatory action even where building documents exist for the structure causing the interference, if it was built contrary to the permit or approved documents. In the case discussed, no such departure was alleged or proved. As explained in Interpretative Decision No. 31\/84 of 6.II.1985 in civil case No. 10\/84, an action under Article 109(1) of the Property Act<\/a> protects ownership against direct or indirect unjustified interference, encroachment or harmful effects. Even without loss of possession, these may restrict or disturb the lawful use of the property for its intended purpose as determined by its owner. Protection is available where the exercise of powers by one person creates a threat or risk of harmful interference that impedes or restricts the rights of the person seeking relief. In these and comparable cases, the action challenges the lawfulness of the interference, seeks to prevent unjustified acts, conduct or conditions and to remove their consequences. It may be brought against anyone responsible for the interference, including someone outside the ownership relationship, such as a neighbouring owner who, in exercising their own rights, restricts, disturbs or threatens a co-owner\u2019s rights.<\/p>\n If you have a problem concerning the right to use property, seek professional advice from a property lawyer.
\n