Adverse possession in Brazil
How long you need to possess a property for adverse possession (usucapião), who can apply, documents and how to do it at the registry or in court. A simple, up-to-date guide.
Sidnei Pedro Dias
9/27/20264 min read
Adverse possession (usucapião) is the way to become the owner of a property through prolonged, peaceful and uninterrupted possession, as if you were the owner. The time required ranges from 2 to 15 years, depending on the type, and the claim can be filed in court or directly with the property registry.
How much time is needed
- Extraordinary: 15 years of possession, without needing a just title or good faith. Drops to 10 years if the person lives on the property or has made works or productive services there (art. 1,238 of the Civil Code).
- Ordinary: 10 years with just title (a purchase contract, for example) and good faith. May drop to 5 years in specific cases (art. 1,242).
- Special urban: 5 years, for an urban property of up to 250 m² used as a home, by someone who owns no other property (art. 1,240).
- Special rural: 5 years, for a rural area of up to 50 hectares that the family makes productive and lives on, without owning another property (art. 1,239).
- Family: 2 years, when one spouse or partner abandons the home and the other keeps living in the couple's property, of up to 250 m² (art. 1,240-A).
Who can file
Anyone who holds the property as if they were the owner, continuously and without objection from the owner. Common situations: a property bought through an informal contract and never deeded, a house inherited without a completed probate, a lot occupied for many years or an area whose owner disappeared. Tenants, caretakers or people occupying on loan, as a rule, do not have possession for adverse possession while that relationship exists.
Can public property be claimed?
No. The Constitution prohibits adverse possession of public property (art. 183, § 3, and art. 191, sole paragraph). For these areas, the usual path is land regularization.
Court or registry?
Since the 2015 Code of Civil Procedure, adverse possession can also be handled at the property registry, the so-called out-of-court procedure (art. 216-A of the Public Records Law). It is usually faster when there is no conflict. It requires a lawyer, a notarial certificate drawn up at a notary's office, a plan and descriptive memorial signed by a licensed professional, certificates and proof of possession. If there is a dispute, the path is a lawsuit.
Documents that help prove possession
- purchase contracts, receipts and assignments of rights;
- water, electricity and property tax (IPTU) bills in your name over the years;
- photos, receipts for building materials and proof of works;
- statements from neighbors and other witnesses;
- property certificates from the registry.
How long it takes
It varies a lot. Out of court, with no objection, the procedure tends to be shorter. In court, it depends on the court, on serving the neighbors and the registered owner, and on any expert examination. A proper survey of the documents at the start avoids delays.
Summary
Anyone who has occupied a property as its owner for years, without a deed, may regularize ownership through adverse possession. The right type depends on the time of possession, the size of the property and the documents available, and the claim can be filed at the registry or in court.
SPD Advocacia handles judicial and out-of-court adverse possession in Anápolis and throughout Goiás. Reach us on WhatsApp +55 62 98184-3257.
Updated in September 2026. Informational content, in line with OAB rules (Provision 205/2021). Each case needs its own analysis, and we do not promise results.