New Interpretative decision of the Supreme Court of Cassation: Real action may be brought against a co-owner, as well
“Upon an action under Art. 108 of the Bulgarian Property Act (“PA”) (in case of tenancy-in-common – note ours) brought by a co-owner against another co-owner for transfer of possession over an “ideal part” of a jointly owned real estate (the part equalling the plaintiff’s portion of ownership – note ours) the court may grant a writ of possession in favour of the plaintiff for his “ideal part” when the defendant has established de facto control over the property which exceeds his portion of ownership and thereby violates the plaintiff’s possession.”- This was decided by the Supreme Court of Cassation in its latest Interpretative Decision 3/2020 of 05.01.2022.
The Interpretative decision overcame the contradictions that had arisen in the case-law concerning the right of a co-owner to claim transfer of possession over an “ideal part” of the real estate on the grounds of Art. 108 PA, when the defendant is not a third party, but another co-owner.