The Chamber of Notaries proposes to double the period after which there can be any acquisition by statute of limitations of a property in the case of so-called bad faith possession. Now this term is 10 years, and the proposal is to make it 20 years.
A specific reason for the proposal was the fact that inspections were carried out and the acquisition of properties in the Pazardzhik region, after which people complained that they had lost their ownership of land. They found they no longer had their lands when they tried to sell them. There are already court decisions in favor of people. It was recently announced that the District Prosecutor’s Office-Pazardzhik is monitoring two pre-trial proceedings in which an investigation is being carried out in connection with reports of illegal acquisition of agricultural land in the lands of the village of Sbor and the village of Apriltsi, region. Pazardzhik.
In some of the cases, the complaints were also related to the role of notaries. Now the Chamber explains that the notary issues a confirmatory notarial deed in the absence of documents on the right of ownership by questioning 3 witnesses named by the mayor of the municipality, the district or the town hall at the direction of the owner and they do not necessarily have to be neighbors of the property.
It is emphasized that the act of admitting the specific witnesses in this notarial proceeding, which is also a judicial proceeding, is the responsibility of the mayor of the municipality or an official designated by him and that the notary is fully bound in his conclusions by the statements of the witnesses, who are warned of the criminal liability they bear in cases of giving false testimony.
An appetizing apartment in the center of Sofia became the key to uncovering a scheme for the criminal acquisition of property, as its driver was a lawyer’s associate, Nova TV claims in an investigation, citing the SDVR.
Along with the explanations of who bears what responsibility in this process, the Chamber of Notaries makes proposals to deal with these problems, which lead to property dramas not only in Pazardzhik, but also throughout the country. The Chamber proposes solutions through the position of the Chairman of the Council of Notaries, Dimitar Tanev
“The Chamber of Notaries proposes to the legislator to consider whether not to restore the requirement of expiration not of a period of 10 years for the acquisition of a property by limitation (as it is now), but of a period of 20 years, as it existed in the old, repealed Law on the statute of limitations,” said the chamber.
They also propose to restore the rule of the repealed Law on Notaries and District Judges, who perform notarial acts, from 1885, according to which witnesses are called always at the direction of the municipal government, and not of the claimant to the right of ownership.
“Next, the legislator should consider whether a change to the current Penal Code is necessary, so that in all cases criminal liability can be sought from the witnesses in these court security proceedings,” the Chamber of Notaries also states.
The position of the notaries, expressed by Tanev, is that the circumstantial checks should not be cancelled, but the conditions and procedure for their conduct should be changed. “The new procedure should involve the mayors and their appointed officials to a greater extent in the selection of the witnesses,” he points out.
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2024-03-05 17:06:36
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