The exceptional usucapião is a method of acquiring ownership that is notable for not needing the owner to have good faith or a valid title.
It is rooted in long-term possession, without requiring formal documentation like a contract or registration, as stated in Article 1.238 of the Civil Code.
This article discusses the key elements of the exceptional usucapio, such as its conditions, time limits, and procedures for attorneys interested in participating in such cases.
Understanding the functioning of the Superinvited Law is important.
What is the exceptional usucapio?
Extraordinary usucapion is a legal process where ownership of a property can be obtained through long-term possession, as long as specific legal conditions are fulfilled.
This type of ownership relies on factors like honesty or rightful claim, requiring only continuous, peaceful possession with the intent of ownership.
Usucapio, when extraordinary, demonstrates the social role of property by formalizing instances where a possessor has maintained control over a property for an extended period in the legal context.
Art. 334 of the CPC provides a comprehensive explanation of the Conciliation Hearing or Mediation process.
Extraordinary user needs
To be acknowledged as an exceptional user, one must fulfill the specified criteria.
- The possession must be continuous and undisturbed, without any interruptions or challenges from others.
- The possession needs to be upheld for a minimum period of 15 years, as outlined in Article 1.238 of the Civil Code.
- The owner is required to fulfill responsibilities such as managing the property and ensuring its upkeep and enhancement.
- It is not required to demonstrate good faith or provide formal documents justifying possession, unlike other types of usucapio.
Deadline reduction by 10 years.
Legal foundation:
For a continuous period of fifteen years without challenge, the individual who possesses a property as his own will legally acquire ownership rights, and can request a court to confirm this ownership through a decree for registration purposes.
The time frame specified in this article will be shortened to ten years if the owner has made the property his primary residence or conducted productive activities or improvements on it.
The period for extraordinary usucapione can be shortened to 10 years if the possessor can demonstrate, as stated in the single paragraph of Article 1.238 of the Civil Code.
- have made the property your regular place of residence
- Investing in productive assets, like utilizing resources for economic gain.
This decrease is intended to encourage the efficient utilization of property for housing or production.
Documents needed for exceptional usucapion.
The required paperwork for the exceptional usucapio consists of the following documents:
Applicant’s personal records.
- Identification numbers such as RG and CPF.
- Marriage certificate, if it is relevant.
- Evidence of a current address.
Property paperwork:
- A detailed landscape design and monument endorsed by a certified expert (engineer or architect) with an ART or RRT certification.
- Real estate disputes and legal actions may result in inaccurate outcomes.
- Current real estate documentation, regardless of possessing a different title.
Evidence of consistent and unbroken possession.
- Documents such as contracts, receipts, or vouchers that demonstrate ownership of the property (utilities, taxes, etc.).
- Neighbors or residents from the area, especially those with established credibility, can provide statements confirming ownership over the necessary timeframe (15 years or 10 years with improvements or regular residence).
Additional statements and documents:
- Statement confirming that there are no legal disputes related to the property.
- Municipal, state, and federal debts in collections that are unpaid.
Documentary and photographic proof.
- Property photos showing the activities and improvements made.
- Additional papers that support the proof of ownership.
The documents are presented as required by adverse possession, either through a legal or non-legal procedure, depending on the circumstances.
Collective usage: Definition, functioning, and prerequisites.
Steps in the exceptional user procedure
Here are the key stages of the exceptional usucapião procedure.
Survey of collected information
The owner needs to collect proof showing that they have been consistently using the property.
- Water and light bills.
- Tax and administrative paperwork.
- Property images.
- Neighbors or witnesses’ statements.
Legal proceedings in court or outside of court
Extraordinary tasks can be carried out by users with exceptional abilities.
- Judicially, as determined by the appropriate court ruling.
- Extrajudicially, in a report, agreement between the parties is reached without any disagreements.
Notice of individuals who are interested
The judge will decide who needs to be notified in the legal process, including the registered owner, neighbors, and public bodies like the prefecture.
Final choice
The judge or officer, after reviewing the evidence, may grant the right to extraordinary usucapio, allowing the property to be registered in the possessor’s name.
How extrajudicial use functions and its necessary conditions.
Difference between exceptional usucapion and other forms
Extraordinary adverse possession deadline necessitates the longest ownership period (15 years, potentially reduced to 10 years).
Subjective requirements are not needed, unlike regular usucapio, which requires good faith or just title.
Flexibility: It can be used in situations where there is unofficial or extended occupation without proper paperwork.
Practical advice for attorneys on exceptional utilization
Explore the key advice for attorneys involved in unusual usucapio cases.
Organize the proof.
Collect and organize all the necessary documentation and evidence demonstrating uninterrupted, calm, and peaceful ownership. Guide the client on what needs to be provided.
- Photographs documenting the property’s usage and preservation efforts.
- Proofs of expenses like water, electricity, or property tax bills.
- Beneficiary registration conducted on the premises.
- Witnesses’ testimonials confirming ownership over a period of time.
Organizing evidence effectively enhances the likelihood of success in the process.
Examine conflicts
Identify the owners and neighbors who could be impacted by the action.
Check for any past conflicts and if feasible, investigate the history as well.
- Seek agreements in advance to reduce disagreements.
- Obtain signed statements from the individuals involved acknowledging the client’s ownership.
- Ensure that property records do not overlap.
Opt for the out-of-court option when possible.
Consider initiating the process administratively in cases without disagreements or objections, which can be finalized with a report. This approach offers several benefits.
- The procession is typically quicker than in the legal system.
- Avoiding procedural expenses and legal fees is possible by checking the state legislation and specific requirements for extrajudicial usucapio on-site, leading to cost reduction.
Attention to the shortened time frame
The law permits shortening the time frame from 15 to 10 years if the possessor can demonstrate:
- Who lives in the residence or;
- Made substantial investments in things like durable structures or charitable institutions.
Determine if the customer meets these criteria, as it can expedite the identification of property rights.
Utilize legal technology
Use specific tools to increase the efficiency of case management. Legal software can be beneficial in this regard.
- Handle documents and evidence.
- Monitor procedural deadlines and steps in the process.
- Automate the creation of requests and documents.
Technology not only saves time but also minimizes the risk of errors in the process.
The significance of exceptional user-friendliness in the social role of ownership.
Extraordinary adverse possession is a strong legal tool that manages extended possession scenarios, solidifying property rights and advancing the societal role of real estate.
Its primary characteristic is the lack of necessity for good faith or legitimate ownership, making it particularly convenient for cases of unauthorized possession.
Lawyers need to understand the technical and practical aspects of this user type, particularly regarding evidence organization, legal requirements analysis, and the decision-making between judicial and extrajudicial options.
These methods enhance the likelihood of success and also help to improve performance in line with customer requirements.
Professionals aiming for excellence in extraordinary usucapio cases should focus on delving deeper into the subject matter and incorporating up-to-date legal practices.
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