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Adverse possession

Adverse possession can enable maximum use and security over your property.

ON Adverse possession

Many people, companies, and institutions own properties without registration or official identification. This situation leads to losses and threats such as:

Difficulty in selling;
Decrease in property value by up to 80%;
Making the use of the property as collateral unfeasible;
Making inheritances unfeasible;
Family disputes;
Expensive, slow, and risky legal disputes with neighbors and former owners; and
Loss of property to third parties.

The action of adverse possession It is a safe solution to transform possession into definitive and defined ownership, thus guaranteeing peace of mind, confidence, and asset appreciation.

We handle all types of judicial and extrajudicial adverse possession claims, both rural and urban, offering a fast and secure process. Our services include:

Complete analysis and documentary research of the property, neighbors, and ownership history;
Guidance on the most appropriate type of adverse possession for the case;
Strategic preparation of the application and comprehensive management of the judicial or extrajudicial adverse possession process;
Assistance and guidance to technicians in the preparation of plans, descriptive reports, registrations, certificates, and other documents necessary for regularization, approval, and registration with other parties related to adverse possession.
Representation and filing requests before public bodies, registry offices and the judiciary;
Notification and negotiation with neighboring landowners and other interested parties; and
Fulfillment of final property registration requirements;

Legal certaintyUsucaption allows for full public identification of the property and its owner to neighbors, tenants, public authorities, and other interested parties.
Property appreciationAfter adverse possession, the regularized property is worth up to 80% more on the market.
Ease of selling or financingAfter adverse possession, the property will be fully registered in the land registry and can be sold or inherited without major obstacles.
Preservation of family tiesAdverse possession can prevent future disputes and provide property stability among collateral relatives and heirs.
Ease of selling or financingAfter adverse possession, the property will have its own registration and can be traded without obstacles.
For companiesHaving a legally registered property allows for better credit and business opportunities, in addition to the other benefits already mentioned.;

QUALITIES

Why choose the law firm Dario Carneiro Advocacia?

Solid legal education - USP and FGV.

20 years of experience in Real Estate Law.

Clear, accessible language.

Hundreds of satisfied customers.

TESTIMONIALS - Adverse possession

Hundreds of satisfied customers.

I received excellent care from Dr. Dario! During the meeting, he explained everything clearly, answered all my questions, and guided me with great attention and professionalism. He exudes confidence and knowledge. I highly recommend him!

From the very first contact, Dr. Dario was committed to answering my questions and explaining, in detail, the paths and potential obstacles of the process. From the beginning, he demonstrated sensitivity, humanism, and a genuine concern in clarifying each step, which brought peace of mind to the process. His competence and expertise were evident in all phases, always guiding me with knowledge and clarity. I am grateful for his attention and professionalism. I highly recommend his work.

Office with high-quality service! Very competent and reliable professionals, excellent work, I recommend them!!

Our family needed to file a usucaption lawsuit to regularize the ownership of our company. Dr. Dario's assistance throughout the process was excellent. He anticipated problems that would arise during the process and prepared evidence in advance to ensure a favorable outcome. Furthermore, he clearly explained the progress of the process for several years, demonstrating a genuine commitment to us. The team is very attentive and incomparable to other lawyers who have assisted us in other cases. We recommend him to anyone who understands the value of having a trustworthy lawyer to protect important life matters. Anyone wishing to hire him should know that they will be dealing with a truly special professional who deserves great consideration.

Attorney Dario did an excellent job with the adverse possession claim. I highly recommend him. Experience with excellence.

FAQ

Frequently asked questions about the office.

What is adverse possession and what is the main benefit of initiating this legal process?

Usucaption is an original way of acquiring legal ownership of real estate (land or house) through peaceful, continuous possession for a certain period of time, fulfilling the legal requirements. The main benefit is transforming possession (simple use) into registered ownership, guaranteeing legal security, increasing the market value of the property, and allowing it to be sold or inherited.

What are the basic requirements and the time needed to file for adverse possession?

The requirements vary depending on the type of possession (Ordinary, Extraordinary, Special Urban or Rural), but generally require: 1) Uninterrupted possession for the minimum required time (which can be 5, 10 or 15 years); 2) Peaceful and uninterrupted possession (without opposition); and 3) Possession with animus domini (acting as if one were the owner). An analysis by a lawyer is crucial to determine the type of possession and the applicable timeframe for your case.

What is extrajudicial adverse possession and why might it be more advantageous?

Extrajudicial adverse possession is a procedure carried out directly at the Notary's Office and Land Registry, without the need for a judicial process. It is much more advantageous because it is, as a rule, faster and less expensive than the judicial route. However, it requires the agreement (or absence of opposition) of the registered owner and the neighboring landowners, and the assistance of a lawyer is mandatory.

My property was purchased with an informal contract ("contrato de gaveta") and I never registered it. Can I use adverse possession (usucapião)?

Yes, adverse possession is one of the main ways to regularize properties acquired through informal contracts or without proper formal deed registration. In this case, the contract serves as proof of your animus domini (intention to own). We will use adverse possession to overcome the lack of registration and obtain definitive title to your property.

If a property has outstanding property tax debts or a court-ordered lien, does this prevent the adverse possession process?

No, outstanding property taxes (IPTU) or court-ordered liens in the name of the former owner do not prevent the adverse possession process. Since adverse possession is an original mode of acquisition, it clears and detaches the property from the liabilities of the former owner, allowing the new registration to be "free and clear" of previous encumbrances and debts.

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