The regular usucapio is a way to acquire ownership through extended possession, as outlined in the Brazilian Civil Code.
It is a legal document that enables a person to acquire ownership of a property by meeting certain legal criteria.
This article will discuss the requirements for standard adverse possession, their unique aspects, and provide practical advice for attorneys specializing in this field.
How does Rural Adverse Possession work and what are its conditions?
What does Usucapião Ordinária refer to?
The average user is a way to obtain property where the owner keeps possession continuously for at least 10 years.
This kind of user necessitates the owner to have:
- The property should be occupied peacefully and without any resistance from the original owner or third parties.
- A document that shows the legal connection between the property owner and the property, such as a sales contract or rights transfer, even if not officially recorded.
- The possessor must believe that they are using their ownership rights legitimately.
Art. 1242 of the Civil Code provides the legal foundation.
He gains ownership of a property by possessing it continuously and undisputedly, with a valid title and good faith, for ten years.
Collective use refers to the shared utilization of resources, and it involves understanding its operation and necessary conditions.
What does the regular user need?
- The owner must maintain uninterrupted possession for a period of 10 years. This duration may be shortened to 5 years if the property was acquired with the purpose of personal housing or social investments, as stated in Article 1242 of the Civil Code.
- A document that validates the connection between the owner and the property, like contracts or purchase receipts.
- Belief that ownership is legitimate, typically based on a valid title.
- Occupation in a peaceful land should not be challenged in court or faced with legal opposition.
How can regular usucapione be performed?
The typical user can be identified through either the legal or non-legal process.
Both methods have their own unique aspects and necessitate adherence to distinct criteria. Review the specifics and procedures for each option.
Judicial Process
The judicial process is required in the absence of agreement among stakeholders or if the documentation is insufficient. View the outlined steps.
Elaborate a thorough petition with evidence, both documentary and testimonial, showcasing compliance with the criteria for regular adverse possession, including peaceful, continuous possession and good faith.
Include receipts, agreements, property enhancements, and photographs as evidence of ownership.
Argue using the appropriate title and applicable laws, such as Article 1242 of the Civil Code.
All parties involved in the transaction must be quoted, such as the original owner, contestants, and any other potential third parties with rights to the property.
If one cannot be found, the citation may be carried out through public notice.
The judge possesses the technical knowledge to identify the features and disputes of the property.
The detailed design and monument must be created by a skilled professional (engineer or architect) and include an ART or RRT.
After reviewing the evidence and expert opinions, the judge will deliver a verdict determining the validity of the usucapio claim.
If the process moves forward, the decision will be sent to the property registration office for the property’s official documentation.
Extrajudicial process
The extrajudicial process is quicker and cheaper, taking place directly at the real estate registry office.
It is best when there is no resistance from the involved parties and all necessary paperwork is in order. See the following steps:
The process starts with submitting a request directly to the appropriate office along with all the necessary documentation as mandated by the law.
Gather the required documentation: Collect the following papers:
- Just a title, like purchase and sale contracts or assignment of rights.
- Tax debts on the property that are in collections.
- Plant description and commemorative plaque authenticated by an expert.
- Witnesses have signed a document indicating the time of possession.
The office will inform the competitors and the registered owner to express any objections.
If there is unanimous agreement or no opposition within the specified legal timeframe, the process will proceed.
After reviewing and verifying the documentation, the property will be officially registered under the owner’s name.
Registration establishes ownership rights without requiring a court ruling.
Important Factors to Consider
- Recommended in situations of dispute, lack of documentation, or uncertainties about the whereabouts of the involved individuals, resorting to legal means is advised.
- Ideal for consensual processes, as long as all certificates and documents are correct.
Both routes require careful attention to specifics and technical expertise. Thus, it is crucial to enlist the help of a specialized attorney to guarantee the ordinary user’s request is successful.
Practical advice for attorneys on Ordinary Adverse Possession
- Analyze the legitimate title to ensure that the provided document is valid and adequate to support the usucapio request.
- Include features that show the customer’s good intentions, like enhancements done to the property, to strengthen trust.
- Gather receipts, contracts, photos, and statements from neighbors to confirm possession.
- Decide on the best course of action by assessing whether to proceed through the legal or non-legal route based on the provided documentation and the likelihood of encountering resistance.
- Inform the customer about registration fees, billing charges, and any legal costs.
- Negative clearances such as negative tax debit certificates and neighbors’ annuity statements are crucial for the extrajudicial usucapião procedure.
Master the average user and guarantee legal protection for your clients
Usucapião comum is a mechanism that oversees the regulation of property over time, providing legal assurance to the owner.
Lawyers must have a thorough understanding of laws and procedures to effectively carry out legal proceedings.
Understanding the unique aspects of regular adverse possession can be crucial for legal practitioners working in real estate to achieve positive outcomes for their clients.
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