Adverse possession · SPD Advocacia
Property without a deed? Adverse possession and title regularization
If you have possessed a property for years without a deed in your name, you can regularize it through adverse possession (usucapião), at a notary office (cartório) or in the courts. See whether your case fits and send the documents for analysis.
What it is
Adverse possession: when possession becomes ownership
Adverse possession (usucapião) is the way to register in your name the property you occupy as an owner, continuously and without opposition, for the time the law requires. The period varies according to the type of property and the situation.
Possession without title. The term drops to 10 years if you live in the property or made improvements or productive works.
With just title and good faith, such as an unregistered purchase contract. It may drop to 5 years in some cases.
Urban property of up to 250 m² or rural property of up to 50 hectares used as a home, without owning another property.
Family adverse possession, when the former spouse abandons the home and the urban property is up to 250 m².
Sources: Civil Code, arts. 1,238, 1,239, 1,240, 1,240-A and 1,242; Law 6,015/1973, art. 216-A (adverse possession at the notary office).
What is your case?
Common situations
Unregistered private contract
Purchase made only with a private contract, receipt or assignment of rights, without a registered deed.
Civil Code, art. 1,242Family possession
The time your parents or grandparents held possession can be added to yours, as long as it continued without interruption.
Civil Code, art. 1,243Former owner cannot be found
When the person on record cannot be located, adverse possession (usucapião) settles the title.
Service by public noticeAdverse possession at the notary
With a notarial certificate (ata notarial), a site plan and the neighbors' consent, the request can be processed at the real estate registry office (cartório), without a court case.
Law 6,015/1973, art. 216-AAdverse possession lawsuit
If someone disputes the possession or consent is missing, the request goes to the courts, with witness testimony and expert examination when necessary.
Court caseRural regularization
Requires georeferencing, CAR and attention to the specific rules for rural property.
Civil Code, art. 1,239Step by step
How the firm works
- Possession review. Time, documents, status of the property record and possible interested parties.
- Choosing the path. A notary office (cartório) when there is consensus; the courts when there is conflict or missing documents.
- Technical documentation. Floor plan, descriptive report and notarial certificate (ata notarial), together with an engineer or surveyor.
- Registration. Support until the property is registered in your name.
Case review
Let's review your case
Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
I pay the property's IPTU. Does that help?
It helps as proof of possession, together with electricity and water bills, photos and witnesses, but is not enough on its own.
Is adverse possession at the notary office (cartório) faster?
It usually is, when the documents are complete and there is no objection from neighbors or the former owner.
Can I claim adverse possession of a financed or government-owned property?
Public property cannot be acquired by adverse possession. Financed or mortgaged properties require a specific analysis.
Do you serve clients outside Goiás?
Yes. The analysis can be done remotely and the request proceeds at the notary office or in the judicial district where the property is located.
How much does it cost?
After the analysis, the firm sends a written fee proposal. Notary fees, site plan and notarial record are separate.