On account of the differences in the legal practice in acquiring a property in the countries and because of the arising questions concerning the practical use of the Bulgarian legislation and the acquisition of properties in Bulgaria by foreign investors, we should pay attention to some
basic concepts, connected to the nature, the sale, and the agency  of  the purchase and  sale of real estate:

А)OWNERSHIP:
The ownership right is one of the laws of estate and has an absolute character. The owner has the right to use his belonging, to get the fruits out of it, and to control it as he wishes.
All forms of ownership are equal and have equal opportunities for development and protection. The ownership could belong to:
- the state
- the municipalities
- co-operations
- other legal entities
- citizens
MUNICIPAL ownership is the one intended to fulfill the functions of the municipalities and the local administration for the permanent satisfaction of the public needs of municipal importance. The public ownership is also included here, i.e. the properties declared by the established order as monuments of material culture with local importance.
PRIVATE property is all the rest of properties and belongings. The law of estate is absolute as far as it is allowed by the legislation or it is not limited by the will of the owner himself.
Private properties can no longer be alienated without the explicit consent of the owner –a change in the Property law from October 1999.
JOINT OWNERSHIP – it is present when a property is possessed by more than one owner and is cancelled when each of the owners sets his share apart. If this cannot be done by means of a voluntary partition agreement, the property is sold as it is, and each of the joint owners gets his share in money.
A joint property could be sold:
1. If all proprietors want to sell and agree on the price of the property. They appear in front of the Notary public and claim their wish to sell.
2. If some of the joint owners or even one of them does not wish to sell, the sale cannot be realized. 
3. If one or some of the owners wishes to sell their share/s, he/they offer it first to the other joint owners for the selling price. If they refuse them in a WRITTEN form then the share is declared at the market.

There are two kinds of partition of property:
1. Voluntarily partition – a written agreement of partition certified by a notary, and;
2. Partition executed by the court – a partition agreement with an element of a court ruling which necessitates tax payable on the market value of the property.
Property partitions may be carried out during a devisor’s life by drawing up either a  document of partition with a grant witnessed by the notary public, a self-made will, or a will signed in front of a notary.
Certain properties are inseparable by law and they include properties whose area is too insufficient for two separate properties to be formed. When the property is inseparable and the owners cannot agree, they most often go to law to seek a court ruling. The court makes a judgment on the most needy owner basis to be granted ownership of the property. The period for the designated owner to repay the price of shares together with the interest on them to the other owners is six months. If he fails to do so, then he looses his right of property.

FAMILY POSSESSIONS
The Bulgarian Family Code (Law) defines all possessions, such as money, properties, stocks and shares etc. acquired in a marriage, as family possessions, regardless of the fact which of the spouses holds them, and such possessions are deemed to be inseparable as long as the marriage lasts.
INHERITANCE; The inheritance procedure is opened upon a person’s death has been certified in the last place of residence of the deceased in compliance with Article 1 of the Inheritance Law. Inheritance may be carried into effect either by law or by will.
Inheritance by law - the surviving spouse rightfully inherits a portion equal to the portions of the children (adopted children included). If the deceased have no children, then his/her parents, brothers, sisters etc. can be rightful heirs.
In the case when there are no inheritors of the deceased or all inheritors give up their inheritance, or they have forfeited their rights to inheritance, then the state will hold the inheritance.
Inheritance by will – Every person 18 years of age, who is in his/her sound mind, may state their will as to who is going to inherit what portion of their possessions. Inheritors may include natural persons and juridical persons. According to their form, wills can be notary certified, signed in front of a notary with two witnesses present, and the are entered in a special register, and self-made wills, handwritten by the testator, and they must be dated and signed.
Within six months from the opening of the inheritance procedure, the inheritors by law or will, or their representatives have to file a declaration with the tax office of the last place of residence of the deceased.
Another common way of transferring of ownership between close relatives, children and spouses, is the grant. There is one big advantage to it because the payable duties are much smaller compared to taxes you have to pay if the same property was sold or inherited. The grantor can still use the granted property for a fixed period of time or for life and this provision is explicitly mentioned in the notary deed.
The right of use is valid regardless of the fact who owns the property, which means that if the property ownership changes its owner, he may not force the grantor out of the property, so the grantor can stay on the property for life.
Claims to reverse a grant may be stated either by the grantor or by their heirs within one year from the time when they have identified the reasons why the grant should be contested.
Duties payable on grants include:
1. Notary duty which is calculated on the estimation made by the tax office.
2. Local tax – it amounts to 0.5% for spouses and relatives in a direct line of descent; 0.7% for brothers, sisters, nieces, and nephews; or 5% for third persons.
3. District Court tax for entering and making copies of the grant, which is 0.1% of the certified material interest.
Inheritance duties have to be paid for inherited properties in Bulgaria or abroad which are inherited by Bulgarian citizens as well as of properties owned by foreign nationals on the territory of Bulgaria.
Tax exemption covers properties and possessions devised by the state, municipalities, and the Bulgarian Red Cross, as well as the possessions of those who have died in accidents, natural disasters and while performing duty. Common furniture, small farming tools, book collections, musical instruments, items of art etc. are tax-exempt too.
Real property duties and taxes are stipulated in Section 1 of the Local Duties and Taxes Law and they have to be paid for buildings, courtyards, land plots and parcels, and the built-in agricultural and forest land.
The responsibility for payment of the fore-mentioned duties and taxes stays with the property owner or property possessor upon their being entitled the right to use it.
Real estate tax is assessed in proportion 1.5 out of 1,000 on the Tax Office appraisal and it can be paid in up to 4 installments during the year: until 31 March, 30 June, 30 September, and 30 November. Taxes have to be paid even when you do not use the property. Exempt of duties are the agricultural land, forests, and the farm buildings. Also, buildings which cannot be used or have been found dangerous to use are granted tax exemption for a period of 5 years.
Land lessees do not have to pay taxes on their rented property because they will be paid by the lessor.
In order to have a transaction successfully completed, it is necessary to have an encumbrance check made at the recording office. Checks can be either a verbal check (the inquirer is reported verbally by the checking officer) or written check.

UPON A SALES COMPLETION any encumbrances will be transferred onto the new owner. Legally it is possible to buy mortgaged property, but nothing should be concealed from the buyer. He should be clearly informed about the mortgage provisions, so that he can make a decision as to whether he wants to repay the mortgage and pay the rest of the agreed sum to the seller in front of the notary public, or he might choose to bear the burden of loan repayment within the stipulated period of time.