Brazilian laws provide for a series of rights and duties for citizens. One of them is called adverse possession and has always provoked a series of controversies and doubts. After all, the norm provides for the transfer of land from one property to another without any financial negotiation behind it.
The right to adverse possession would be a way of guaranteeing ownership of land for those who are using it voluntarily, within the law and for a long time. However, as you can imagine, there are several prerequisites that must be met for the rule to apply.
see more
Desenrola Brasil: Debt renegotiation program covers Fies?…
Beneficiaries born in November and December can now withdraw the…
Who can acquire land by adverse possession?
As the name suggests, adverse possession arises to acquire ownership of land through use. It can be applied in cases where occupation occurs by third parties, in sufficient time and without any type of dispute from the original owners.
In a very superficial way, anyone can become the owner of an abandoned property or without any kind of use by the original owner. The person needs to go to court and claim the use of the property, in addition to proving that he is established there. If there are no challenges for justice, the cause can be won.
What is the deadline for the original owner to dispute?
There are several deadlines that can give the right to apply usucaption in Brazil. Briefly, we can quote:
- Ordinary – 10 years of continuity;
- Extraordinary – 15 years of continuity;
- Rural Special – 5 years of continuity;
- Urban Special – 5 years of continuity;
- Collective – 5 years of continuity;
- familiar – 2 years of continuity;
- Indigenous – 10 years of continuity.
Including, the period indicated to trigger adverse possession for movable property is 5 years. All of them are counted in an uninterrupted way, without any initiative to challenge the other party.
Furthermore, the applicant must not own other property of the same type.