The informal user, governed by Law No. 13,105/2015 (Civil Procedure Code), provides a more affordable and efficient option for property regularization.
This process is conducted at the real estate registry office and is used when there is agreement between the parties and no legal dispute.
We will now explain how the procedure works, what is needed, and the steps involved. Join us!
Compulsory Adjudication: Definition and Appropriate Timing
What does extrajudicial usucapione mean?
Extrajudicial usucapio is a method of obtaining ownership through uninterrupted possession of property, without involving legal proceedings.
This process is conducted in the appropriate and regulated office according to Art. 216-A of the Public Registry Law (Law No. 6.015/1973), which was supplemented by the Civil Procedure Code of 2015 and the Provence No. 65/2017 of the CNJ.
Refer to section 216-A of the Public Registry Law.
The extrajudicial recognition of adverse possession can be requested directly at the property registry where the property is located.
This model is designed to make it easier for property owners who meet legal criteria to identify their properties, leading to increased efficiency and cost savings compared to legal procedures.
Collective use: Definition, operation, and prerequisites.
Extrajudicial utilization criteria
For extrajudicial use to be possible, certain conditions must be met.
- The possessor of the land must maintain uninterrupted and undisputed possession of the property.
- The legal deadline for gaining possession depends on the type of user mode, such as 5 years for special urban usucumio and 10 years for ordinary usucumio.
- The property needs to be utilized for housing or production in accordance with the principle of the social function of ownership.
- All parties must formally agree to the property’s ownership to prevent any legal disputes.
- The property must not have any preventive records in place, and the official documents must not contain any limitations that hinder the process of making it public.
How does the non-judicial user process function?
The process involves the subsequent actions:
The owner submits a request along with necessary documents at the property registry.
Documentation needed as per Article 216-A of the Public Registry Law includes:
- A detailed document outlining the property and its features, endorsed by a licensed professional (engineer or architect) and neighboring parties.
- Plowing by a surveyor is evidence of the applicant’s possession duration and that of their predecessors, if needed.
- Property’s outstanding debts and liabilities.
- Certainty regarding all the information on the license plate.
- Evidence from witnesses that confirms the time of ownership.
- Evidence of ownership (utility bills such as water and electricity).
- Documents such as titles are used to demonstrate the property’s origin, history, characteristics, and ownership details, as well as tax and fee payments.
The office officer verifies the document’s accuracy during registration analysis and issues a notice for third parties to provide feedback on the request.
Previous owners, competitors, and any interested parties need to provide their consent through official declarations for agreement among the parties.
Upon finishing the review and confirming no opposition, the office will register the usucapio, establishing the applicant’s ownership rights.
What are the benefits of extrajudicial possession?
- The administrative process is much quicker than the judicial process.
- Avoiding procedural costs and expenses related to judicial expertise results in lower overall expenses.
- Disbureaucratization involves minimizing formalities and diminishing the involvement of the Judiciary.
What is the sum needed for the extrajudicial usucapio application?
The extrajudicial user request cost ranges from 5% to 20% of the property value, depending on the circumstances, covering Real Estate Registration fees and additional expenses.
Practical advice for attorneys in the non-judicial user process.
Comprehensive and current documentation
Make sure all required documents are correctly put together and kept up to date.
- A qualified professional (engineer or architect) must sign and register the descriptive plant and memorial of the property with CREA or CAU.
- Gather documents such as utility bills, property tax receipts, or neighbors’ statements to demonstrate peaceful and continuous possession.
- Negative certifications involve civil, criminal, and fiscal certificates showing the absence of legal or tax obstacles that could hinder the process.
Property registration must be consulted in advance.
Ensure that the property has necessary documents before beginning the process, such as preventative records.
- Legal aspects: minor offense, loan or additional documentation.
- Ensure that there are no legal constraints hindering the transfer of property.
This first meeting could help avoid the office rejecting the application.
Selecting the appropriate user mode
Carefully examine the client’s situation to identify the most appropriate usucapione method. Examples:
- Possession for 15 years is needed for extraordinary use, which can be reduced to 10 years if improvements are made to the property.
- Ordinary users require fair ownership and possession for 10 years, which can be reduced to 5 years in specific circumstances.
- Special urban or rural usage: relevant to particular regions, with a shorter duration of ownership and distinct legal limitations.
Ensure that the necessary legal criteria are satisfied to prevent any opposition.
Consulting with experts for technical advice
Consider hiring expert professionals like topographers and engineers to ensure the precision of measurements and consistency of technical records.
Meeting the required standards by the registry office is essential to prevent the need for reworking.
Follow-up on the process with the accompanying report
After submitting the application, it is important to maintain regular communication with the office to monitor the progress and address any necessary details. This will help to ensure efficiency and avoid any avoidable delays in the process.
The lawyer uses these methods to improve efficiency in the out-of-court property regularization process, reducing risks and speeding up the process.
The lawyer plays a crucial role in providing a swift and secure solution outside of the court system.
Lawyers can use extrajudicial usucapio as a cost-effective and efficient option to help clients with real estate regularization, thus bypassing the expenses of a court procedure.
The procedure’s success relies on strategic execution, focusing on technical and legal specifics.
Ensuring a thorough review of the paperwork, consulting with the registry office beforehand, and selecting the right usucapião method are crucial actions to reduce risks and prevent challenges.
Continuous monitoring of the process with the registry office enables proactive resolution of potential requirements.
Extrajudicial usucapio necessitates accuracy and skill, offering lawyers a competitive edge by providing efficient and safe solutions for their clients.
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