Claim to Correct an Omission or Error in the Approved Cadastral Map

Under the Bulgarian Cadastre and Property Register Act, an “omission or error” is a discrepancy between the boundaries and outlines shown for real estate in the cadastral map of an urbanised area and the property’s actual legal and physical situation.

A declaratory claim under Article 54(2) of the Act may be used where correction of the cadastral map depends on resolving a dispute over ownership. Cadastral data are presumed correct until proved otherwise, but their registration has a declaratory rather than constitutive effect: an entry in the cadastral register does not itself create property rights.

In proceedings under Article 54(2), the court examines whether an omission or error exists and determines ownership of the disputed area. The judgment must establish the claimant’s property right on the asserted legal basis at the relevant time so that the cadastral map can be brought into line with the current property rights.

Resolving the dispute may require analysis of the legal effect of successive regulation plans and their former expropriating effect concerning areas assigned from one property to another. The court may have to apply the repealed Territorial and Urban Planning Act, its implementing regulations, the current Spatial Development Act and the transitional rules governing yard- and street-regulation plans.

Evidence commonly includes historic and current plans, cadastral sketches, title documents, data concerning implementation or non-implementation of regulation, payment of compensation, occupation of assigned land and expert surveying evidence. Under the current legislation, regulation generally does not have an automatic expropriating effect. For older plans, the transitional provisions and the case law of the Bulgarian supreme courts are particularly important.

This article is for general information and is not legal advice. A dispute concerning cadastral boundaries or ownership should be examined by a Bulgarian lawyer together with a surveying expert where appropriate.