Annotations on Property Registration Records: Practical Guide

Title

Annotations on Property Registration Records: Cancellation of Encumbrances, Attachments, and Transcriptions

This article answers

• What are annotations on property registration records (averbações na matrícula imobiliária) and what are they used for?
• How to perform the cancellation of encumbrances and mortgages on the property registration record?
• How does the attachment annotation (averbação de penhora) work on the property registration record?
• What is the difference between a transcription (transcrição) and a property registration record (matrícula imobiliária)?
• What documents are required to annotate a building construction on an urban property?

In summary

• Annotations on property registration records (averbações na matrícula imobiliária) are registry entries that modify or update the legal and physical history of the property or the qualification of its owners Lei nº 8.935/1994, art. 1º.
• The cancellation of encumbrances (such as mortgages and fiduciary transfers) requires formal proof of settlement or judicial authorization submitted to the property registry official (oficial de registro de imóveis).
• The attachment annotation (averbação de penhora) serves to provide public notice of judicial executions, preventing claims of good faith by future acquirers.
• Older properties registered under the transcription system (transcrições) must be migrated to a property registration record (matrícula imobiliária) upon the first act of property alteration or transfer Lei nº 10.406/2002 — Código Civil, art. 1º.245.

What are annotations on property registration records and what are they used for?

Annotations on property registration records (averbações na matrícula imobiliária) correspond to registry acts performed by the competent property registry official (oficial de registro de imóveis) to record factual or legal changes affecting the property. While the primary registration (registro) formalizes the transfer of ownership or the establishment of in rem rights Lei nº 10.406/2002 — Código Civil, art. 1º.245, the annotation (averbação) updates the history of that specific registry ledger page.

You use annotations on property registration records to declare changes in the marital status of owners, name changes, occupancy permits (habite-se) for constructions, demolitions, land subdivisions, and judicial unavailabilities. They also serve to record the cancellation of prior guarantees or to point out judicial and administrative restrictions.

The central function of annotations on property registration records is to guarantee public notice, authenticity, and legal certainty of the information Lei nº 8.935/1994, art. 1º. By keeping the registry page updated, any citizen requesting a full-text certificate (certidão de inteiro teor) will know the exact legal status of that asset.

Nationwide, the Public Registries Electronic System (Sistema Eletrônico dos Registros Públicos - SERP) facilitates the digital submission of instruments and judicial orders for the execution of these acts Lei nº 14.382/2022, art. 3º. The procedure prevents fraud and protects both the owner and potential buyers in real estate transactions.

How to perform the cancellation of encumbrances and mortgages on the property registration record?

The cancellation of encumbrances — such as mortgages, attachments, or fiduciary transfers — occurs through a specific annotation on the property ledger page. When you pay off a housing loan, the creditor financial institution must issue a payoff letter (termo de quitação) in digital or physical format with notarized signature (firma reconhecida).

You present this payoff letter directly to the property registry official where the property is registered. The official analyzes the regularity of the documents and performs the cancellation annotation of the guarantee, releasing the property from any previous financial encumbrance. To understand cases of old guarantees without formal settlement from the creditor, you can read about the mortgage discharge at the property registry.

(Regulatory note: The procedure for mortgage and attachment discharge is regulated by arts. 248 to 251 of Lei nº 6.015/1973 (Public Registries Law) and by the guidelines consolidated in Provimento CNJ nº 149/2023 (National Council of Justice Provision No. 149/2023) Provimento CNJ nº 149/2023, Livro II).

In cases where the creditor has disappeared or the debt has expired without voluntary discharge, releasing the registration record requires a court order or the verification of ten-year/thirty-year lapse (perempção) before the registry official. After the annotation, the certificate will show the property free and clear of encumbrances.

How does the attachment annotation work on the property registration record?

An attachment annotation (averbação de penhora) serves to provide public notice that a specific property has been attached in a judicial execution proceeding for debt payment. The act prevents the debtor from transferring the asset to third parties without the buyer assuming the risk of the execution.

To perform the annotation, the interested party or the court sends the attachment certificate to the competent property registry official. The registration can be executed through the property registry electronic center Lei nº 14.382/2022, art. 3º or through a certificate extracted from the court case files.

(Regulatory note: The attachment annotation is grounded in art. 844 of Lei nº 13.105/2015 - Código de Processo Civil (Brazilian Code of Civil Procedure), ensuring an absolute presumption of third-party knowledge regarding fraud against execution).

When the judicial execution is paid off or terminated by settlement, the judge issues a court order or certificate lifting the attachment. You must submit this order to the property registry official to perform the corresponding attachment cancellation annotation, restoring full disposition of the property.

What is the difference between a transcription and a property registration record?

Property transcription (transcrição imobiliária) is the registry system adopted in Brazil before the Public Registries Law took effect in 1976. Under transcription, the registry office recorded acts in sequential books according to the order of presentation of public deeds, without creating a single, individual document for each property.

The property registration record (matrícula imobiliária), created with the modernization of the registry system, works as an exclusive file for the property. Each property has its own unique record number, listing all transfers, encumbrance registrations, and annotations on property registration records performed over time.

If you own a property whose title is still under transcription, it will be necessary to open an individual property registration record when performing the first registration or annotation act. This procedure requires updated certificates proving the entire historical chain of title.

Migrating from transcription to a property registration record brings security to transactions. In complex cases where the documentary chain has historical gaps, the owner may resort to regularization procedures, such as extrajudicial adverse possession.

What documents are required to annotate a building construction on an urban property?

To perform annotations on property registration records regarding the construction of a house or commercial building on urban land, you must first regularize the structure before the municipal government where the property is located.

The list of document requirements includes:

• Written request from the owner with notarized signature (firma reconhecida) at a notary office (tabelionato de notas) or digitally signed using the ICP-Brasil standard.
• Occupancy permit (Habite-se - Certificate of Completion of Work) issued by the municipal government.
• Certificate of issuance of the Occupancy Permit (Habite-se) containing the built area and the valuation attributed to the property.
• Certificate of Debt Clearance (Certidão Negativa de Débitos - CND) regarding social security contributions for the construction work, issued by the Federal Revenue Service (Receita Federal).
• Floor plan and descriptive memorandum signed by a qualified professional (engineer or architect), when required by local legislation.

After submitting the documentation to the property registry official, the registry office performs legal qualification. If the application is compliant, the registrar annotates the construction, updating the land plot description to an improved property.

In case of discrepancies in land dimensions, you must resolve the variances through a rectification of property registration prior to adding the building to the registration record.

Document checklist

• [ ] Request signed by the owner with notarized signature at a notary office or ICP-Brasil digital signature.
• [ ] Official personal identification document (RG, CNH, or DNI) and CPF of the applicant.
• [ ] Updated marriage or birth certificate of the owner for marital status update.
• [ ] Payoff letter issued by the creditor (for mortgage or fiduciary transfer cancellation).
• [ ] Court order or judicial certificate of cancellation (for release of attachments or unavailabilities).
• [ ] Municipal occupancy permit (Habite-se) and Federal Revenue social security clearance certificate (CND) (for urban construction annotation).
• [ ] Updated certificate of the transcription (if the property does not yet have an open registration record).

FAQ

What are annotations on property registration records and what are they used for?

Annotations on property registration records are entries made in the property registry to update the property's history or alter the legal status of the property or its owners, ensuring public notice and protection for third parties.

How to perform the cancellation of encumbrances and mortgages on the property registration record?

The cancellation of encumbrances or mortgages requires presenting a payoff letter issued by the creditor with a notarized signature or a court order. The document is filed at the competent property registry office for discharge.

How does the attachment annotation work on the property registration record?

An attachment annotation makes public the encumbrance of a property in connection with a judicial execution. The act may result from a court order or an execution certificate requested by a party to prevent fraud against creditors.

What is the difference between a transcription and a property registration record?

A transcription is the legacy sequential registration system used until the enactment of Lei nº 6.015/1973. A property registration record is the individualized record sheet created for each property under the new registry system in 1976.

What documents are required to annotate a building construction on an urban property?

To annotate an urban construction, you must present the occupancy permit granted by the municipal government, the tax/social security clearance certificate for the construction, and a written request from the owner with a notarized signature.

Base legal

• lei_federal 13.105 2015 — Lei nº 13.105/2015
• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• lei_federal 8.935 1994 — Lei nº 8.935/1994
• lei_federal 6.015 1973 — Lei nº 6.015/1973
• lei_federal 14.382 2022 — Lei nº 14.382/2022
• lei_federal 8.935 1994 — Lei nº 8.935/1994

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