Acquisitive prescription is regulated in the Bulgarian Ownership Law as a legal mechanism under which a person who exercises factual control over another person’s real estate property for a long period of time may become its owner. Although the institution aims to stabilise long-lasting factual situations, in practice it often leads to the loss of property by its registered owners, mainly due to inaction and lack of control.
What it really means to “lose real estate property by prescription”
An owner does not lose property automatically. The loss occurs when another person possesses the property openly, peacefully, and continuously for a period of 10 years, behaves as an owner, and does not encounter real opposition.
A key point is that the law does not require the owner to be formally notified that someone is possessing their property. It is sufficient that the possession is such that the owner could have become aware of it if they had exercised minimal care.
Why the owner’s inaction is the greatest risk
Bulgarian law protects not only formal ownership but also long-term factual possession. Therefore, passive behavior on the part of the owner works in favor of the possessor.
Common forms of dangerous inaction include:
- long-term failure to visit the property;
- lack of control or interest;
- non-payment or purely formal payment of taxes without actual use;
- failure to react to third-party use.
A (notary) title deed alone is not sufficient if the owner does not demonstrate real exercise of ownership rights.
The most vulnerable categories of property
Inherited property
This is the most frequent source of losses. Heirs often assume that “everything is shared” and fail to regulate their relations. If one heir or a third party begins to use the property exclusively and the others do not react, they may gradually lose their rights.
Abandoned or rarely visited property
Village houses, plots of land, agricultural land, and old buildings are particularly vulnerable. The absence of fencing, markings, and presence creates the impression that the property is “ownerless,” which facilitates acquisitive possession.
“Temporary” use without a contract
Owners often allow relatives, neighbors, or acquaintances to use a property “for a while.” When this is done orally and without a time limit, use may gradually turn into possession if the owner does not oppose actions demonstrating an intention to appropriate the property.
The critical moment – when the owner finds out too late
Many owners learn that their property is at risk or already lost only when:
- a notarial deed based on prescription is issued in favor of another person;
- the property is sold or mortgaged;
- a dispute arises with a third party.
At this stage, protection becomes significantly more difficult, costly, and uncertain.
Common misconceptions
The most dangerous misconception is the belief that “no one can take my property because I have documents.” In reality:
- documents do not stop prescription;
- failure to visit the property is not neutral behavior;
- silence is interpreted as lack of opposition.
How an owner can protect themselves
Protection against acquisitive prescription requires active conduct:
- regular exercise of factual control;
- clear marking of boundaries and ownership;
- written contracts when allowing use;
- timely opposition to third-party claims;
- legal action when a dispute arises.
Conclusion
Acquisitive prescription is not a “loophole in the law” but a mechanism that sanctions prolonged inaction by the owner. Loss of property by prescription is almost always the result not of a single act, but of years of neglect. Therefore, every owner should understand that ownership is not limited to holding a document, but requires constant and active exercise of ownership rights.