PROPERTY CLAIM under Art. 108 of the Property law

The owner can claim his property from any person who possesses or holds it without reason/without being its owner.

Grounds for filing a property claim under Art. 108 of the Property law:

• You must be the owner of the property subject to the claim you wish to file;
• The person you want to sue wants to own your property at the time of filing the claim;
• The person you want to sue wants to own your property, without a legal basis to do so.

How can we help you?

If you want to file a property claim under Art. 108 of the Property law:

• You will receive legal advice from our lawyer regarding the protection of your legal interests;
• We will notify you of all the evidence you have to provide and if necessary, we will assist you in supplying it;
• We will draw up the claim and we will prepare all the documents, necessary for filing the claim in court;
• We will represent your interests before the court in the proceedings and/or in the out-of-court settlement of your case.

If a property claim under Art. 108 of the Property law has been filed against you:

• You will receive legal advice from our lawyer regarding the protection of your legal interests;
• We will notify you of all the evidence you have to provide and if necessary, we will assist you in supplying it;
• We will draw up a response to the property claim and we will prepare all the necessary documents;
• We will defend your interests before the court in the proceedings and/or in the out-of-court settlement of your case.

Duration:

The duration of the procedure is different in each individual case.

Fee:

• The state fee for filing a property claim in court is 4 % of the claim value.
• The value of a property claim and other rights of immovable property are determined by the property tax assessment, and if there is none – by the market value of the property;
• The state fee for registering a property claim in the Property Register at the Registry Agency is 0.001% of the claim value, but no less than 10 BGN.
• Fees for assessments and appraisals.

Attorney’s fee:

According to Ordinance №1 of 9 July 2004 on the minimum amount of Attorney’s fee.