Extrajudicial Usucaption

 

 

What is it?

 

Usucaption is the original way of acquiring property by prolonged possession of the property. Since March 2016, with the introduction into force of the Civil Procedure Code (Law No. 13,105 / 2015), it is possible for the interested party to seek the recognition of their real estate property directly in the notaries, without the need to go to the Judiciary. This procedure was called extrajudicial or administrative usucaption.

 

In this sense, art. 216-A in the Public Records Law (Law No. 6,015 / 1973), to provide for the possibility of processing the request for extrajudicial recognition of usucaption with the real estate registry office of the district where the usucapio property is located.

 

Extrajudicial adverse possession was regulated by the São Paulo State Internal Affairs Department through Provision
No. 58 / 2015.

 

Important: Law No. 13.465 / 2017 brought a great advance to extrajudicial usucaption procedures, removing the mandatory consent of the owner and confronting under the usucapio property.
 

According to the new wording, the silence of the former owner or of any confronting of the property will be interpreted as agreeing with the request for extrajudicial usucaption.

 

 

 

What are the procedures?

 

The first step is to go to the notary public office of the municipality where the usucapio property is located to make a notarial act, which must contain the declaration of the interested party and the absence of any possessory or claim action involving the respective property.

Subsequently, the interested party, represented by a lawyer, must preset the notary, minutes and other documents necessary for the competent property registry.

The procedure for the extrajudicial recognition of the usucapion involves the analysis of the documentation presented, the publication of a public note, the manifestation of the confronting parties and the Public Power.

 

Note: the rejection of the extrajudicial request does not prevent the filing of adverse possession lawsuits.

 

 

 

What are the required documents?

 

Personal documents; (required);

 

Property plan and descriptive memorial signed by a legally qualified professional, with proof of technical liability notation in the respective professional supervisory board, and by the holders of real rights and other rights registered or endorsed in the registration of the usucapio property and in the registration of the adjacent properties; (consult the notary public);

 

Negative certificates from distributors in the country of the situation of the property and the applicant’s domicile; (consult the notary public);

 

Fair title or any other documents that demonstrate the origin, continuity, nature and time of possession, such as payment of taxes and fees that are levied on the property (consult the notary public).

 

 

 

How much does it cost?

 

The notary minutes for the extrajudicial usucaption are charged based on the value of the property, according to the Table of Fees of the Notaries of Notes.

The price is fixed by law in all registries in this State. To check the values, consult the notary public of your choice.

 

Source: www.cnbsp.org.br