The out-of-court user, as defined by Civil Process Code Law No. 13.105/2015, provides a more affordable option compared to real estate formalization.
This process is conducted at the real estate registry office and is for cases where all parties agree and there are no disputes.
Next, we will provide a thorough explanation of how the procedure operates, its prerequisites, and the necessary steps. Join us!
What is compulsory adjudication and when is it appropriate?
What does extrajudicial usucapione refer to?
Extrajudicial usucapio is a method of acquiring ownership through uninterrupted possession of a property without requiring legal proceedings.
This process is conducted in the authorized and supervised office as stipulated in Article 216-A of the Public Registry Law (Law No. 6.015/1973), which was amended by the Civil Procedure Code of 2015 and Provence No. 65/2017 of CNJ.
Refer to article 216-A in the Public Registry Law.
Extrajudicial recognition of adverse possession can be requested directly at the property registry where the property is located, in addition to the regular judicial process.
This model is designed to help property owners who fulfill legal criteria recognize their properties more easily, leading to increased efficiency and cost savings compared to the traditional legal process.
Collective use refers to the concept, operation, and prerequisites involved.
Extrajudicial usage prerequisites
For extrajudicial use to be feasible, certain criteria must be fulfilled.
- The possessor must maintain uninterrupted and undisputed possession of the property.
- The legal deadline for possession varies depending on the type of user mode in use (e.g. 5 years for special urban usucumio, 10 years for ordinary usucumio).
- The property needs to be utilized for housing or production, in accordance with the social function of ownership principle.
- All parties must agree formally to avoid any legal disputes over property ownership.
- Preventive records must be absent for the property to be public, and there should be no restrictions in the cartorial records that hinder the procedure.
How does the procedure for extrajudicial users operate?
The process involves the subsequent actions.
The owner requests approval at the property registry with the necessary documentation.
Documentation needed under Article 216-A of the Public Registry Law includes:
- A detailed plan and record of the property, approved by a certified professional (engineer or architect) and the adjacent property owners.
- Plowing done by a notary demonstrates the duration of possession by the applicant and their predecessors.
- Collections of unpaid debts and liabilities related to the property.
- Certainty regarding all the information on the license plate.
- Evidence from witnesses confirming the time of ownership.
- Evidence of ownership (water bills, electricity bills, etc.).
- Just the title or other documents are required to demonstrate the source, uninterrupted possession, characteristics, and duration of ownership, as well as the payment of property taxes and related charges.
The office officer reviews the documents’ validity and posts a notice for third parties to provide feedback on the application.
The agreement of the parties is required, with prior owners, competitors, and any interested parties needing to provide formal declarations of consent.
Upon finishing the examination and confirming no opposition, the office will register the usucapio, establishing the ownership right for the applicant.
What are the benefits of extrajudicial adverse possession?
- The administrative process is much quicker in comparison to the judicial process.
- Avoiding procedural costs and expenses with legal knowledge results in lower overall expenses.
- Disbureaucratization eliminates the need for the Judiciary’s involvement and streamlines procedures.
How much is needed for the extrajudicial usucapio request?
The extrajudicial user request fee ranges from 5% to 20% of the property value, depending on the situation, covering expenses such as Real Estate Registration fees.
Practical advice for attorneys navigating the extrajudicial user process
Comprehensive and current documentation
Make sure all required paperwork is correctly organized and kept up to date.
- A qualified professional (such as an engineer or architect) must sign and register the descriptive plant and memorial of the property with CREA or CAU.
- Gather documents showing evidence of ownership, such as utility bills, property tax receipts, or statements from neighbors.
- Negative certifications demonstrate the absence of legal or tax issues that could hinder the process, such as civil, criminal, and fiscal certificates.
Consulting property registration in advance
Ensure that the property possesses preventive documentation before commencing the procedure.
- Legal aspects: minor offenses, loan or similar documents.
- Ensure that there are no legal restrictions hindering the transfer of property.
This first meeting could help avoid the office rejecting the application.
Selecting the right user mode
Carefully assess the client’s situation to identify the most suitable usucapione method. Examples:
- Possession for 15 years is needed for extraordinary use, which can be reduced to 10 years with property improvements.
- An average user must have fair ownership and control for a period of 10 years, which can be shortened to 5 years in specific circumstances.
- Designed for particular urban or rural purposes, this type of property is subject to unique legal limitations and typically comes with a shorter ownership duration.
Ensure that the necessary legal criteria are fulfilled to prevent any opposition.
Consulting with technical experts
Consider hiring expert professionals like topographers and engineers to ensure the precision of measurements and consistency of technical records.
This is essential to comply with the registry office’s standards and prevent the need for revisions.
Follow-up on the process through the submission of a report
Maintain regular communication with the office post-application to monitor progress and address any requirements promptly, thus promoting efficiency and avoiding unnecessary delays in the process.
The lawyer uses these methods to improve efficiency in the non-judicial property regularization process, reducing risks and speeding up the process.
The lawyer’s involvement outside of court plays a key part in providing a quick and secure solution.
Lawyers can provide clients with a quick and cost-effective option for real estate regularization through extrajudicial usucapio, thereby bypassing the expenses associated with the court process.
The procedure’s success relies on strategic execution, with a focus on technical and legal specifics.
Analyzing the documents carefully, consulting with the registry office beforehand, and selecting the right usucapião method are crucial steps to reduce risks and prevent challenges.
Regularly monitoring the process with the registry office enables proactive resolution of any potential requirements.
Extrajudicial usucapio is a skilled practice that can set lawyers apart by offering reliable and efficient solutions to clients.
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What does extrajudicial usucapione refer to?
The extrajudicial usucapio allows ownership to be acquired through continuous possession of a property without the need for legal action. This process is conducted in a designated office in accordance with specific laws and regulations.
Documents needed for the extrajudicial usucapio procedure.
Documentation needed according to Article 216-A of the Public Registry Law includes:
Plant description and property record, authenticated by a licensed professional (engineer or architect) and neighbors.
A notarial act of possession, signed by a notary, demonstrates the duration of the applicant’s possession and that of previous owners if needed.
Collections of obligations and property debts in the negative.
The complete license plate content is certain.
Witness testimonies confirming the duration of ownership.
Evidence of ownership (water bills, electricity bills, and others).
Prove the source, consistency, type, and duration of ownership, tax payments, and associated fees for the property through titles or other documents.
What are the conditions needed for extrajudicial use?
– No previous legal disputes.
