Common Conflicts in REURB Proceedings

Urban Land Regularization (REURB) is a complex procedure that involves legal, urban planning, social, environmental, and registry aspects.

By nature, it is a collective process: it affects dozens or even hundreds of property owners, involves the Municipality, environmental agencies, notary offices, and, in some cases, the Public Prosecutor’s Office.

This multiplicity of actors makes REURB fertile ground for conflicts and deadlocks, which often delay or even prevent regularization.

This article addresses the main disputes and practical challenges that arise in these procedures and how attorneys can prevent or resolve them.

1. Resistance of Residents to Bear Costs

Although REURB-S (social interest) is funded by the government, REURB-E (specific interest) requires beneficiaries to pay fees, costs, and professional expenses.

It is common for some residents or developers to:

·         Refuse to pay their share;

·         Claim financial inability;

·         Question the method of cost apportionment.

Risk: Default by some compromises the progress of the entire process.Solution: Clauses establishing joint liability, well-documented assemblies, and, as a last resort, judicial collection.

2. Conflicts with Original Developers

In many cases, irregular subdivisions remain under the name of the original developer (or their heirs).

When REURB is initiated by residents, conflicts may arise:

·         Developers demand financial compensation;

·         They contest the loss of ownership;

·         They file administrative or judicial challenges.

Solution: The law allows direct titling to occupants, provided that occupation was consolidated before December 22, 2016. Nonetheless, disputes are often unavoidable.

3. Excessive Requirements from Municipal Authorities

Municipalities often condition REURB approval on costly infrastructure works that are unfeasible for middle-class residents.

Example: Demanding complete paving, underground utility networks, or green areas beyond what the law requires.

Solution: Judicial action, showing that the law does not impose the same infrastructure standards required for new subdivisions (Law No. 6,766/79), but only feasible adjustments in consolidated settlements.

4. Possessory Actions and Neighbor Disputes

During REURB, disputes may arise involving:

·         Neighbors claiming land invasion;

·         Conflicts over lot boundaries;

·         Overlapping property deeds or outdated registry records.

Solution: Cooperation between lawyers, engineers, and registry offices, with topographic surveys and expert reports.

5. Mass Litigation

When there is no internal consensus, residents or groups may:

·         File individual lawsuits against the condominium or association;

·         Challenge fees or professional expenses;

·         Contest the Certificate of Land Regularization (CRF) in court.

Solution: Properly conducted assemblies, formal records of decisions, and transparent management.

6. Environmental Conflicts

The Public Prosecutor’s Office or environmental agencies may intervene to block regularization in sensitive areas, citing environmental risks.

Solution: Present technical studies, adopt compensatory measures, and demonstrate that continued settlement is compatible with environmental protection.

Conclusion

Conflicts in REURB are predictable: resistance to costs, clashes with developers, abusive municipal requirements, possessory disputes, mass litigation, and environmental challenges.

Attorneys must act preventively and strategically—balancing interests, guiding assemblies, and, when necessary, taking the matter to court.

REURB is not only about property titles; it is also about managing collective conflicts, requiring from the legal professional a technical, firm, and mediating approach.