Market & Legal Básico

Adverse Possession (Usucapião)

Explanation

Adverse possession (usucapião) is set out in the Civil Code (arts. 1,238 to 1,244) and recognizes that someone who possesses a property as if they were the owner, openly, peacefully, and continuously for the legal period, acquires the right to ownership even without an original deed. The main types are: extraordinary (15 years, no valid title required), ordinary (10 years, with valid title and good faith), special urban (5 years, up to 250 m², no other property owned), and special rural (5 years, productive use, no other property owned).

The process can be judicial (an adverse possession lawsuit) or extrajudicial (since 2016, handled directly at the Real Estate Registry Office, faster and less costly).

Guides that explain Adverse Possession (Usucapião)

Riparian Terrains in Florianópolis: What They Are, Laudêmio Fees, and Rules for Foreign Buyers Property Registration Record, Deed, and Possession: What’s the Difference and Why It Matters Compulsory Adjudication Extrajudicial: Deed in Notary Without Court Proceedings Collective Property Regularization With Neighbors: How to Share Costs and Accelerate the Process Estate Inventory of Irregular Property: How to Resolve Inheritance Division Without Property Registration ITBI in Land Title Regularization: When an Exemption Exists and What It Costs

Adverse Possession (Usucapião)

Explanation

Guides that explain Adverse Possession (Usucapião)

Outros terms

Contract Rescission (Distrato)

Due Diligence

Laudêmio (Union Transfer Premium)