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PROPERTY LAW LAWYER IN PLOVDIV

Property law and real estate

Lawyer Miroslav Mirchev is a property law lawyer in Plovdiv who specialises in real estate transactions. He carries out legal due diligence on properties before purchase, prepares and secures transactions for the transfer of ownership, conducts cases on ownership, partition and protection of possession, and advises on co-ownership, inherited property and real rights burdens.

The difference between a safe and a risky transaction is established before signing, when ownership, encumbrances and the legal status of the property are checked. Once the transaction has been entered in the Property Register, correcting an omission is incomparably harder and more expensive.

These services are sought by buyers and sellers of homes, investors, heirs and co-owners. The most common questions concern the partition of property, checking ownership before purchase, removing a mortgage, shares in an inheritance and the rights of co-owners.

Work on a property transaction proceeds in several steps. First, the documents and the ownership of the property are checked. Then the sale and purchase contract is drafted, a notarial deed is concluded and, finally, the transaction is entered in the Property Register.

Сделки с недвижими имоти и вещноправни спорове

When you need a property law lawyer

  • before you pay a deposit or sign a preliminary contract for a property
  • when you are buying a property acquired by inheritance, by gift or from co-owners
  • when the property has a registered mortgage, an attachment or another encumbrance
  • when you are a co-owner of real estate and cannot reach agreement with the others
  • when you have inherited a property together with other heirs
  • when someone possesses your property or disputes your ownership
  • when the property deviates from the building documents or there is a problem with the cadastre
  • when you are a party to a dispute in a condominium

Frequently Asked Questions

What should be checked before buying a property?
The core checks cover the seller’s title document and how it was acquired, going back through the whole chain; registered encumbrances (mortgages, attachments, claims); consistency between the data in the notarial deed, the cadastral map and the tax assessment; the construction status and the existence of a permit for use; and the seller’s marital property regime. For inherited and co-owned properties, all persons with rights in the property are also checked, which is the most common source of problems after the transaction.
What is the difference between a preliminary contract and a notarial deed?
A preliminary contract creates an obligation to conclude a final contract but does not in itself transfer ownership. Ownership of real estate is transferred only by a notarial deed, which is entered in the Property Register. If the seller refuses to appear before a notary, the buyer may ask the court to declare the preliminary contract to be final.
What costs are involved in buying real estate?
Apart from the price: notary fees, registration fees, the local acquisition tax and fees for legal services. The exact amount depends on the value of the property and the municipality.
Can I buy a property that is an unlawful construction?
A transaction involving such a property is possible, but the buyer takes the risk of the consequences, including a demolition order. The distinction between an unlawful construction and a so-called tolerated construction, which is not subject to demolition but has a limited legal regime, is important. Checking the construction status is a mandatory part of the analysis before purchase, especially for older buildings, extensions and additional storeys.
What is acquisitive prescription and when does it apply?
Acquisitive prescription is a way of acquiring ownership through uninterrupted possession for a set period. The period is five years for possession in good faith and ten years in all other cases. Possession must be open, peaceful and with the intention of holding the property as one’s own; holding someone else’s property knowing that it is not yours does not lead to acquisition.
Does a mortgage remain after the property is sold?
A mortgage follows the property, not the owner: it remains registered after the transfer, and the creditor may enforce against the property regardless of the change of ownership. The removal of the mortgage should therefore be arranged before or at the same time as the transaction, usually by repaying the debt out of the purchase price at completion, with a clear mechanism in the contract.
How is a mortgage removed after the loan has been repaid?
A mortgage is not removed automatically when the loan is repaid. The creditor issues a consent to the removal with a notarised signature, and the interested person files an application with the Registry Agency. If the creditor refuses, the matter can be resolved through the courts.
How is an inherited property divided when the heirs cannot agree?
When a voluntary partition is not possible, any co-owner may request a judicial partition. The proceedings have two phases: first the court establishes who the co-owners are and what their shares are, and then it carries out the partition itself, by allotting physical shares, by drawing lots or by putting the property up for public sale if it cannot be physically divided.