The notarial deed is a document that proves ownership rights and other real rights over a particular property. Therefore, it is of particular importance to store it in its original form. However, it sometimes happens that it gets lost or destroyed.
In this article, we will answer the question of what to do in case a notarial deed is lost.
You do not lose your rights
It is important to know that by losing your title deed, you do not lose the rights described in it over the property. However, the lack of a notarial deed often complicates or makes it impossible to dispose of the property. For example, you cannot sell your property if you do not have a title deed about it.
Therefore, in case of a destroyed or lost notarial deed, the owners should know that they can obtain a countersigned and stamped copy of it.
What does a countersigned and stamped copy of it mean?
A countersigned and stamped copy of it is a copy of the original document stored in the Property Register Agency. There is one open at every court in the country and it contains details of transactions and entries for properties in that area.
How to obtain a countersigned and stamped copy of the notarial deed?
To obtain a countersigned and stamped copy of a notarial deed, you need to have the registration details – the deed number, volume, year, entry registration number, date, etc.
In case you do not have this data, there are two options:
1) If the property was acquired after the start of electronic property registration (in different cities it started at different times between 1991 and 2004), you can obtain the necessary registration information by referring to the register by the three names and/or ID number of the owner first. By providing this information, you can later obtain a countersigned and stamped copy of the lost deed.
2) It is more difficult if the property was acquired before the start of the electronic property register. In this case, a visit to the Property Register at the Property Registration Agency located in the area of your property is required. There you will need to search for the registration data in the alphabetical listings for the respective year, which the property was acquired in. If you do not know the year, you will need to check the years that are most likely according to you and expand the search until you find it. Sometimes, in larger cities, this can be quite a challenging task.
A Countersigned and Stamped Copy = Original
The countersigned and stamped copy of the notarial deed has the same validity as the original and can be used for the sale of the property. Of course, only the owner or their heirs as per the respective Certificate of Succession are authorized to obtain such a copy.
A Regular Copy of the Notarial Deed
Unlike the countersigned and stamped copy, which is only issued to the owner of the property, a regular copy of a notarial deed can be obtained by anyone. These are most often needed when researching a property you intend to purchase, when tracing the property of a debtor or inheritance, or when checking for encumbrances. To obtain a copy of the deed, you need to have the registration details as well. If you do not have them, you can learn them through a search by the owner’s name or a property search. Once again, the search provides information only about the period from the beginning of the electronic property register until today.
How can We be of Service to You?
On our website, you will find the online service Copy of the Notarial Deed (Regular or Countersigned and Stamped copy). Through it, we can provide you remotely both with a regular copy of a notarial deed (nationwide) and a countersigned and stamped copy of the deed (only for Sofia city and Sofia region).
This way, you save time, you do not have to communicate with government agencies, and you do not need an electronic signature. By using our online service, you also have the opportunity to request additional consultation with an experienced lawyer.
Dear readers, all materials published on LegalMasters.bg are for informational purposes only. These materials reflect the personal views and professional opinions of the respective lawyer from our team and should not be considered exhaustive legal analyses or individual legal advice for you. Before taking or not taking legal action on the issues discussed, seek professional legal advice for your specific case.