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Extrajudicial adverse possession: Legal and Procedural Aspects





This article aims at the legal and procedural aspects of extrajudicial adverse possession, analyzing its importance as an efficient alternative for the regularization of properties. The requirements, the steps of the procedure and the recent legislative and jurisprudential updates related to the subject will be addressed.


Extrajudicial adverse possession, regulated by Law nº 13.105/2015 (Code of Civil Procedure), has been presented as a facilitating instrument for the regularization of properties. This procedure, which dispenses with the intervention of the Judiciary, establishes a more agile and less bureaucratic way to obtain property by adverse possession.


2. Extrajudicial Usucaption Requirements


In order to carry out extrajudicial adverse possession, it is necessary to meet the general requirements of adverse possession, such as calm, peaceful and uninterrupted possession of the property for a certain period of time, absence of opposition from third parties and proof of just title. In addition, it is imperative that the property is duly registered with the competent notary.


3. Extrajudicial Procedure


The procedure for extrajudicial adverse possession begins with the preparation of a notarial act, drawn up by the notary public. These minutes are intended to verify the presence of all those involved and their agreement with the adverse possession request. This document will serve as a title to be presented at the real estate registry office, where the analysis and enforcement of the adverse possession will be carried out.


4. The Importance of the Notary Public's Performance


The notary public plays an extremely important role in the out-of-court procedure of adverse possession. It is up to him to verify the correct documentation presented, the manifestation of the will of the interested parties and the existence of the necessary legal requirements. In addition, the notary has the power to refuse the request for adverse possession if legal elements are missing and must register this refusal in a notarial act.


5. Legislative and Jurisprudential Updates


The jurisprudence has focused on important issues related to extrajudicial adverse possession, seeking the correct interpretation and application of the law. Among these discussions, the waiver of the consent of the spouse or partner, proof of ownership and analysis of documentation stand out. The consolidation of jurisprudential understandings has contributed to legal certainty and the effectiveness of extrajudicial adverse possession.


Conclusion:


Extrajudicial adverse possession has proven to be a viable and efficient alternative for the regularization of properties, as long as the legal and procedural requirements are obeyed. Through the action of the notary public, the process is simplified, ensuring speed and legal certainty. The harmonization of jurisprudential understandings has contributed to the consolidation of this important tool in the context of land regularization.



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