Description
Property law regulates the legal relations arising in connection with the ownership, use and transfer of property, both movable and immovable.
A typical situation regulated by this branch of law is the purchase and sale of motor vehicles. It is a good idea to have an attorney to draft the contract for sale - especially if the value of the car or motorcycle is significant. For example, I can include in the terms of the contract certain warranties that the seller gives to the buyer and I can also make sure that the seller's receipt of the price is secured. Although the leasing and renting of a car fall more within the scope of commercial and contract law, these agreements also contain peculiarities regulated by the rules of property law.
Inheritance of property and real estate is also a matter on which I could provide you with legal advice and assistance. If you wish, I will draft your will and organise the procedure for renouncing or accepting of the inheritance, that you are entitled to.
Disputes and tensions between co-owners are not uncommon. Examples of points of conflict are those concerning which of the co-owners is to use the property, receive the income from it, respectively pay the maintenance costs. All these issues are legally regulated, and the attorney shall take into account the specifics of the case in view of the provisions of the law.
Property law also includes cases related to the so-called condominium. The difficulties in relations between residents of apartment buildings are well known and, in order to save nerves and money, it is best to turn to a attorney with experience in the field like me.
One of the most important issues governed by property law is that of the acquisition of real estate - for example, a dwelling. Unfortunately, buyers often make the serious mistake of NOT consulting a attorney when purchasing a home, under the suggestion of brokers or due to insufficient legal knowledge. The property registration regime in Bulgaria is extremely complicated and poses many dangers. There are situations where a buyer pays a serious amount of money and acquires an apartment only to have a bank showing up a few months or years later with a mortgage on the home that the buyer was unaware of. In such a situation, the bank puts the property up for public sale, the buyer loses it and is left with no option but to seek his money from the seller, who may have spent it long ago or even ceased to exist - if it is a commercial company. It is a serious misconception in society that the notary conducts a thorough check of the property's history. This is not the case, and the notary will only undertake such action if he is specifically assigned to do so. Otherwise, he simply confirms the transaction without being obliged to check whether the property is subject to a mortgage, foreclosure or other encumbrance. And the so-called history of the property is determinative of which and whether you acquire any rights to it at all. Next, you must be mindful of the fact that the notary has a duty to be equally remote from the parties - i.e., he will not prefer your interests by including additional warranties or penalties in the notarial deed. Only a competent attorney whom you have hired for this purpose can do this. Investing in a home is often one of the most important endeavors in a person's life - so do not hesitate to contact me to provide you with legal certainty in this process - at the stage of conclusion of the preliminary agreement and in connection with the notarial deed. If you are on the seller's side, it is also necessary to have an attorney to review the documents so that the timely receipt of the full amount of the sale price is assured. Especially when there is bank financing involved, which comes with many complications and requirements.
If a foreigner wishes to acquire title to a property in Bulgaria, there are additional requirements and prohibitions that must be complied with - especially when acquiring agricultural land.
In practice, situations where a construction developer wishes to use land for the construction of a building are not rare. I would be able to advise both the developer and the owner of the land with with the purpose to regulate their relationship - by way of establishing a building right, entering into a building contract, arranging compensation for the landowner (either monetary or in the form of a site in the building), etc.
I also have expertise and experience in the procedure of issuing a notarial deed for the acquisition of a real estate by prescription. The law allows you to acquire someone else's real estate, if you have been in possession of it for 10 years (in some cases 5 years) and, generally speaking, its owner has taken no action to oppose you. Although it sounds simple, the acquisition process is strictly regulated and a number of circumstances need to be proven in order for you to be deemed to have become the owner. You should therefore contact an attorney to investigate the situation and draft the necessary paperwork so that you do not end up in a situation where, instead of acquiring the property, you have to pay the owner - for example, legal costs.
It is possible that you may end up on the other side - i.e., not trying to acquire a property, but someone has "occupied" your property and wants to acquire it by prescription. In this case, you should find an attorney as soon as possible to initiate a lawsuit to protect your property rights.
Under certain circumstances, the state or municipality may expropriate your property regardless of your consent. This possibility, although exceptional, is granted to them by law. In such a situation, you should seek legal counsel as early as possible. On the one hand, he will be able to make appropriate challenges in case there are flaws in the conduct of the procedure. If it is duly conducted, he will follow up whether the compensation determined for you is in accordance with the statutory provisions and, if necessary, initiate proceedings before court.
The renting of a real estate is more of a contractual matter, which, however, also contains property law aspects. Contractual clauses should be precisely regulated so as to ensure that the condition of the property is maintained and also to guarantee the tenant's rights in the event of latent defects. You may find that there is a lease in place in respect of the property you have purchased. In such a case, you should first check whether the contract is registered in the Real estate Registry. If there is an entry, according to the law you will have to respect the rent until the end of its term. In such a situation I could assist you by looking carefully at the terms of the rental contract and trying to find a clause on which to terminate it, or by entering into negotiations with the tenant to reach an agreement.