If you have possessed a property for years but do not have the deed registered, adverse possession is the legal tool to obtain definitive ownership. We handle the entire process directly at the notary's office, without lengthy procedures.
Usucaption is an original method of acquiring property guaranteed by law to those who possess a property for a certain period of time, fulfilling specific requirements. It is the perfect solution for those who bought a property from heirs whose estate was never settled, for those who lost contact with the original seller, or who have old informal contracts without the possibility of obtaining a public deed.
With the advent of the New Code of Civil Procedure, **Extrajudicial Adverse Possession** is now carried out directly in notary offices (Notary and Land Registry), reducing the resolution time from years in court to just a few months administratively. At Dr. Dario Carneiro Advocacia, we master the extrajudicial procedure, structuring the Notarial Deed, collecting the necessary signatures, and overcoming registration obstacles quickly.
Stop being just a 'possessor' and become the 'legal owner' recognized by the State, guaranteeing a secure inheritance and asset protection.
We develop tailored strategies for both document prevention and highly complex litigation.
The fastest and most modern way. We put together the complete dossier: we hired an engineer for the detailed plan, requested the drafting of the Notarial Deed at the Notary's Office confirming the length of possession, and filed the request directly with the Land Registry Office (RGI). The title is printed directly onto the property registration.
When there is a dispute from neighbors or adjoining landowners, or when the former owner is in an unknown location and resists the land registry office, we file a Usucaption Lawsuit. We defend the case in court with robust evidence presented through witness testimony, documents, and expert reports.
We have identified the exact type of adverse possession for your case. In Extraordinary Adverse Possession (Article 1,238 of the Civil Code), 15 years of possession are required (reduced to 10 if it is a dwelling), regardless of just title or good faith. In Ordinary Adverse Possession (Article 1,242 of the Civil Code), 10 years of possession is sufficient if there is a just title (such as an informal contract).
Conclusive proof that the possessor cares for the property as if it were their own (pays property taxes, makes renovations, maintains it), ruling out mere rental or loan agreements.
Documentary proof that possession was exercised without interruption and without any dispute or legal action brought by the registered owner during the required period.
We accessed old utility bills (water, electricity), invoices for construction materials, period photos, and testimonies from neighboring residents to create an unquestionable timeline for the registrar.
No. Tenants, borrowers (property on loan), or caretakers do not possess 'animus domini' (intention of ownership). They exercise precarious possession based on a contract or permission. Adverse possession requires that the person occupy the property as if they were the true owner, without subordination.
While a court case can drag on for 5 to 8 years in the courts, extrajudicial adverse possession at a notary's office is usually completed in 4 to 12 months, depending on the speed of response to notifications from neighbors and public agencies.
A valid title is any document that would be capable of transferring ownership if there were no formal defect. The most classic example is a 'Private Purchase and Sale Agreement' (an informal contract) signed with someone believed to be the owner, or an unregistered divorce settlement.
Yes. The Civil Code allows for what is called 'Accession of Possession' (Art. 1,243). You can add your possession time to that of your predecessor (e.g., whoever sold you possession through a private contract), provided that both possessions are continuous, peaceful, and uninterrupted.
Contact us directly and schedule a strategic meeting to analyze your case confidentially and with dedication.
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