The common usucapio is a way to acquire ownership through long-term 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 specific aspects, and provide practical advice for lawyers specializing in this field.
Usucapião Rural: What are the conditions and how does it function?
What does Usucapião Ordinária mean?
The regular user is a way to acquire property where the owner retains possession of the property for at least 10 years continuously.
This kind of user necessitates the owner to have:
- Occupation of the property should be free from any resistance by the original owner or other parties for the land to be peaceful and undisturbed.
- A document that shows the legal connection between the owner and the property, such as a sales contract or rights transfer, even if not officially recorded.
- The possessor must genuinely believe that they are using their ownership rights lawfully.
Art. 1242 of the Civil Code serves as the legal foundation.
He gains ownership of a property by possessing it continuously and undisturbed, with a legitimate title and in good faith, for ten years.
Collective use: Definition, operation, and prerequisites
What conditions does a regular user need to meet?
- The owner must maintain uninterrupted ownership for 10 years, which can be shortened to 5 years if the property was bought for 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.
- The idea that ownership is rightful, typically based on a valid title, is known as good faith.
- Occupation of land should not be challenged in court.
How can regular adverse possession be achieved?
The average user can be identified through either legal or non-legal means.
Both methods have their unique characteristics and necessitate adherence to distinct criteria. Review the specifics and guidelines for each approach.
Judicial Process
The legal process is essential in cases of disagreement among parties or when documentation is inadequate. Here are the necessary steps:
Elaborate a thorough petition with evidence and witnesses proving compliance with the requirements of regular adverse possession, including peaceful possession, continuity, and good faith.
Include receipts, agreements, property enhancements, and photographs as evidence of ownership.
Argue using the appropriate title and applicable legislation, such as Article 1242 of the Civil Code.
All parties involved in the matter must provide a quote, such as the original owner, participants, and potential third parties with property rights.
If any of them cannot be found, the citation can be issued through public notice.
The judge has the technical knowledge to identify the features and disputes of the property.
The detailed plan and monument must be created by a certified professional (engineer or architect) and supported by ART or RRT.
After reviewing the evidence and expert opinions, the judge will make a decision regarding the recognition of usucapio rights.
If the process moves forward, the decision will be sent to the property registration office for the property’s formalization.
Extrajudicial Process
The extrajudicial process is quicker and cheaper, conducted directly at the real estate registry office.
It is best when there is no resistance from the parties involved and all necessary paperwork is in order. See the following steps:
The process starts by submitting a request directly to the appropriate office, along with all the necessary documentation as required by law.
Gather the required documentation: Collect the following papers:
- Just a heading (like contracts for buying and selling or transferring of rights);
- Tax debts on the property that have not been paid.
- Plant description and memorial signed by an expert.
- Witnesses have signed a document stating the time of possession.
The office will inform both competitors and the registered owner to indicate any objections.
If there is unanimous agreement or no opposition within the specified legal timeframe, the process moves forward.
The property will be officially registered under the owner’s name following the review and verification of the documentation.
Registration legitimizes ownership without requiring a court ruling.
Important Factors to Consider
- Legal action through the court system is advised when there are disputes, lack of documentation, or uncertainties about the whereabouts of the involved parties.
- Extrajudicial Route: Suitable for collaborative procedures, as long as all certificates and paperwork are in proper order.
Both routes require meticulous attention and technical expertise, making it crucial to enlist the support of a specialized attorney for the ordinary user’s request to be successful.
Practical advice for attorneys on Ordinary Usucaption
- Analyze the rightful ownership: ensure that the provided document is legitimate and adequate to back the claim for adverse possession.
- Include evidence of the customer’s good intentions, like enhancements made to the property, to strengthen trust.
- Gather receipts, contracts, photos, and statements from neighbors to confirm the possession.
- Determine the best course of action by choosing between legal or non-legal methods, based on the available documentation and the likelihood of opposition.
- 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 essential for the extrajudicial usucapião process.
Discover more about consulting attorneys.
Master how the average user operates and guarantee legal protection for your clients.
The typical usucapião serves as a mechanism for managing extended property ownership, providing the owner with legal assurance.
Lawyers must have a thorough understanding of laws and procedures in order to handle cases effectively.
Understanding the specific aspects of common adverse possession can be crucial for legal practitioners working in the real estate field to achieve positive outcomes for their clients.
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