Difference Between Registration and Annotation in Property Titles

Title

Difference Between Registration and Annotation in Property Titles: When to Legally Apply Each Act

This article answers

• What is the difference between registration and annotation in a property title?
• When should registration be applied to a property title?
• When should annotation be applied to a property title?
• How does the difference between registration and annotation affect notary and registry fee calculations?
• What is the role of registry qualification in choosing between registration and annotation?

In summary

• The difference between registration and annotation lies in the legal nature of the act: registration creates or transfers real rights (direitos reais), whereas annotation modifies data or records facts that alter previously registered acts.
• Registration is mandatory to transfer property ownership or to establish real security interests, such as fiduciary alienation (alienação fiduciária) and mortgages.
• Annotation formalizes changes in marital status, new construction, land subdivisions, judicial attachments, and the cancellation of encumbrances.
• The registry qualification performed by the real estate registrar (oficial de registro de imóveis) determines the proper classification of the deed in accordance with the Public Registries Law.

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FAQ

What is the difference between registration and annotation in a property title?

The registration is the registry practice that creates, transfers, or modifies real rights over property, such as a purchase and sale. Annotation, on the other hand, notes facts, updates information, or terminates existing rights, such as a change in the owner's marital status.

When should registration be applied to a property title?

You must apply registration when a legal act establishes or transfers a real right defined by law. Typical examples include ownership transfer through donation, fiduciary alienation, mortgages, and the creation of usufruct.

When should annotation be applied to a property title?

Annotation is applied to record administrative or qualifying changes regarding the property or its owners. It also serves to record court decisions, such as seizures and asset freezes, or to release real encumbrances like mortgage cancellations.

Base legal

• lei_federal 10.406 2002 — Lei nº 10.406/2002 (Código Civil)
• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• lei_federal 6.015 1973 — Lei nº 6.015/1973
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• lei_federal 14.382 2022 — Lei nº 14.382/2022

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