Property law is a fundamental branch of private law governing legal relations related to ownership of property — how ownership is acquired, exercised, transferred and protected. At the core of property law lies the right of ownership, one of the most important rights safeguarded by law.
At Evelina Toncheva & Partners Law Firm , we have extensive professional experience in the field of property law and construction law. Our team provides legal assistance to both private individuals and construction companies, including the establishment of the right to build (superficies), real estate management, and the development of investment projects.
What Is Property Law?
Property law governs the regulation of ownership rightsand other real rights that may be exercised over property — both movable and immovable. Bulgarian legislation distinguishes between two main types of ownership:
- Public ownership — property expressly designated by law as public state or municipal property. Such property is excluded from civil circulation and serves to meet public needs of national or local importance (e.g. roads, parks, water bodies). It is governed by the State Property Act and the Municipal Property Act;
- Private ownership — includes all other property not expressly classified as public. It may be owned by individuals, legal entities, the state or municipalities, provided it is not intended for public use and is part of civil circulation.
In addition to the right of ownership, property law also includes a number of limited real rights, such as::
- Right to build (superficies) — the right to construct a building on land owned by another person and to acquire ownership of the constructed building;
- Right of use (usufruct) — the right to use another person’s property and derive benefits from it, without destroying or substantially altering it;
- Easements (servitudes) — rights over another person’s property, such as rights of way, installation of pipelines, utilities and similar facilities;
- Right to add floors or extensions — the right to carry out construction works on existing buildings.
Legal Assistance in Real Estate Transactions
The right of ownership may be acquired not only through purchase, but also by acquisitive prescription (adverse possession). Our services in this area include:
- Legal analysis and due diligence, including checks for encumbrances and liens on the property;
- Preparation of documentation, such as deposit agreements, preliminary contracts and notarial deeds;
- Representation before notaries public and administrative authorities;
- Legal advice and assistance with bank financing and mortgage loans;
- Ensuring payment security, including bank guarantees, escrow or blocked accounts, and other protective mechanisms.
Our goal is to minimize legal risks and to ensure full protection of our clients’ interests throughout the entire transaction process.
Acquisition and Protection of Property Rights
The right of ownership may be acquired not only through purchase, but also by acquisitive prescription (adverse possession). Our services in this area include:
- Drafting of notarial deeds based on declaratory proceedings (notarial deeds issued following a factual verification procedure);;
- Legal consultations regarding the applicable legislation and procedures related to the acquisition of ownership rights.
We provide competent procedural representation in the protection of ownership rights through reivindicatio claims, negatory claims, as well as other related property law actions, ensuring effective defense of our clients’ rights before the courts.
Establishment of Limited Real Rights
The establishment of limited real rights such as the right to build (superficies), right of use, or easements requires careful negotiation of terms and precise legal preparation. Our services include:
- Legal consultations and negotiations regarding the parameters of the transaction;
- Drafting of preliminary contracts and notarial deeds;
- Protection of the client’s rights during the construction process, including assistance in obtaining a Permit for Use / Occupancy Permit.
We provide full legal support at every stage of the process, ensuring security, compliance with the law, and protection of your interests.
Management of Co-Ownership and Common Areas
In cases of co-ownership of real estate, proper regulation of the use of the property is essential in order to avoid disputes and protect the rights of all co-owners. Our services include:
- Drafting agreements for the allocation and regulation of use of co-owned property;
- Voluntary and judicial partition (division) of real estate;
- Procedures for physical (real) allocation of individual units;
- Legal assistance and consent procedures in the sale of an undivided ownership share in real estate.
We provide comprehensive legal support aimed at protecting the interests of co-owners and preventing conflicts through legally sound and practical solutions.
Legal Services for Construction Companies
Evelina Toncheva & Partners Law Firm provides full legal support for construction and development companies, including:
- Legal due diligence and property title investigations;
- Legal consultations and drafting of preliminary contracts, notarial deeds, and related documentation;
- Legal assistance in obtaining construction permits and statutory approvals;
- Drafting contracts for design, engineering, and construction services;
- Preparation of comprehensive legal documentation for the construction of buildings and facilities.
Upon completion of construction, we also provide legal assistance in the sale of completed units, including:
- Drafting preliminary sale contracts with buyers;
- Management of sales documentation and databases;
- Monitoring of due payments and communication with purchasers;
- Preparation of all documents required for the notarization of property transfer transactions.
Consultations on Property Management
Property management requires not only administrative handling, but also effective legal protection. We offer:
- Comprehensive legal consultations on property management and project financing;
- Drafting and legal review of lease agreements;
- Legal assistance in cases involving non-compliant tenants, including protection of the property owner’s rights and interests.
Why Choose Us?
By choosing Evelina Toncheva & Partners Law Firm, Вие залагате на:
- High professionalism and long-standing experience in property law and construction law;
- An individual, client-oriented approach;
- Comprehensive legal services — from the initial concept to the successful completion of the transaction;
- Efficiency, precision, and strict confidentiality;;
Up-to-date expertise in legislation and relevant court practice.
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