By Interpretive Judgment No. 2/06.11.2025 on Case No. 2/2024, the General Assembly of the Civil and Commercial Chambers of the Supreme Court of Cassation (SCC) of Bulgaria answered the following question: Does the ownership effect of adverse possession (acquiring ownership through statutory period of possession) occur if an heir invokes possession that had already lapsed in favor of their predecessor, after the heir has lost possession of the property for a period longer than six months? While the question specifically addresses succession situations, the Court’s answer has broader implications for the general doctrine of adverse possession.
According to the Supreme Court of Cassation, the loss of possession of a property for more than six months by a person who invokes adverse possession that had already lapsed in favor of their predecessor does not prevent the occurrence of the ownership effect of adverse possession.
The Supreme Court of Cassation based its reasoning on the following: acquisition of ownership by adverse possession occurs automatically upon the expiration of the statutory period of possession, regardless of when and by whom the invocation is made, since the invocation is merely a procedural means of defense and not an element of the factual composition; once the adverse possession period has lapsed, the loss of possession even for more than six months does not affect the already acquired ownership right, because Article 81 of the Property Act (which provides that adverse possession is interrupted if possession is lost for more than six months) applies only to unexpired adverse possession periods, not to an already perfected ownership effect.
The full decision can be found here.
