Extrajudicial Usucaption of Rural Properties: Are CCIR and CAR Mandatory?

Note: This content describes Brazilian notary and registry law.

Rural Extrajudicial Usucaption: Are CCIR and CAR Mandatory?

Understand the requirement of presenting the CCIR and CAR in the extrajudicial usucaption of rural properties before the Real Estate Registry.

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This article answers

• Is presenting the CCIR and CAR mandatory in the extrajudicial usucaption of rural properties?
• What happens if the rural property subject to usucaption has no prior land record or registration?
• Is it possible to pursue rural extrajudicial usucaption with only the CAR without having the CCIR?
• What additional documents are required for the extrajudicial usucaption of a rural property?
• Where to file the procedure for rural extrajudicial usucaption and how long does it take?

In summary

• Extrajudicial usucaption of rural properties expressly requires presenting the Certificate of Rural Property Registration (CCIR — Certificado de Cadastro de Imóvel Rural) and the Rural Environmental Registry (CAR — Cadastro Ambiental Rural) for the registry qualification of the property.
• The CCIR proves the agrarian regularity of the land, while the CAR attests to its environmental characterization and boundary definition.
• The procedure begins with the execution of a notarial deed of fact (ata notarial) at a notary notes office (tabelionato de notas) and proceeds to the real estate registry (registro de imóveis) of the property's jurisdiction.
• The absence of prior registration of the land plot does not prevent processing, in which case the registrar officer will open a new property record (matrícula) upon approval.

Is presenting the CCIR and CAR mandatory in the extrajudicial usucaption of rural properties?

Yes, presenting the CCIR and CAR is mandatory for approval of extrajudicial usucaption of a rural property before the real estate registrar officer Lei nº 6.015/1973, art. 216-A. This requirement arises from the need to ensure objective specificity and the agrarian regularity of the rural property.

The Certificate of Rural Property Registration (CCIR — Certificado de Cadastro de Imóvel Rural) proves the entry of the land plot into the National Rural Registration System. The registration attests to compliance with the tax and administrative requirements of the rural property. Without presenting a cleared CCIR, the registrar officer cannot perform acts of transfer or original recognition of ownership over rural lands.

The Rural Environmental Registry (CAR — Cadastro Ambiental Rural) identifies the environmental boundaries of the property, such as Permanent Preservation Areas and Legal Reserve. Environmental regularity constitutes an essential requirement for specifying the perimeter of the property subject to usucaption in the real estate registry book. Presenting both together guarantees public notice and legal certainty for the new real estate title Lei nº 8.935/1994, art. 1º.

You must arrange for the updated issuance of the CCIR from Incra (National Institute for Colonization and Agrarian Reform — Instituto Nacional de Colonização e Reforma Agrária) and the property's registration in the CAR system before formalizing the application. Prior compliance with these obligations prevents administrative requisitions and reduces processing time in the real estate registry service.

What happens if the rural property subject to usucaption has no prior land record or registration?

When the rural property subject to usucaption does not have a prior property record (matrícula) or transcription in the real estate registry, the extrajudicial procedure can proceed normally Lei nº 6.015/1973, art. 216-A. Usucaption constitutes an original mode of acquiring property, which disconnects the new right from any prior ownership title.

In this situation, the real estate registrar officer conducts inquiries and issues notices to adjoining landowners, public entities, and interested third parties. If there is no grounded opposition, the registrar accepts the application and proceeds to open a new specific property record (matrícula) for the land plot.

You will need to submit a complete technical file with a plot plan, descriptive memorandum, georeferencing certificate (when required based on the size of the land plot), as well as the CAR and CCIR. In case of doubts regarding the characterization of the area, see the guide on area rectification and georeferencing.

The opening of the new property record grants erga omnes efficacy to the declaration of usucaption. The new owner becomes formally listed as the titleholder of the rural property in the real estate registry Lei nº 10.406/2002 — Código Civil, art. 1º.245.

Is it possible to pursue rural extrajudicial usucaption with only the CAR without having the CCIR?

It is not possible to conduct the extrajudicial usucaption of a rural property by presenting only the CAR. Legislation cumulatively requires compliance with agrarian registration and environmental requirements.

The Rural Environmental Registry (CAR) and the Certificate of Rural Property Registration (CCIR) serve distinct legal purposes. The CAR deals with ecological identification and land-use boundary definition, whereas the CCIR proves the agrarian registration and tax status of the rural property.

If you present only the CAR, the real estate registrar officer will issue a formal return note (nota devolutiva) suspending the registry qualification. The application will remain pending until the submission of a valid and cleared CCIR for the current fiscal year.

To prevent procedural obstacles during the instruction of your request, it is advisable to conduct a prior verification of the rural property's documents. You can consult preliminary analysis guidelines in the article on real estate due diligence.

What additional documents are required for the extrajudicial usucaption of a rural property?

Extrajudicial usucaption requires a robust set of documents to prove continuous, peaceful possession and the time period prescribed by law Lei nº 6.015/1973, art. 216-A. The notarial deed of fact (ata notarial) is the foundational document that opens the record.

You must request the execution of the notarial deed of fact at a notary notes office (tabelionato de notas) in the judicial district where the land is located Lei nº 8.935/1994, art. 6º. The notary public attests personally or through valid means to the possession, length of occupation, and absence of disputes over the property.

The list of essential documents includes:

• Notarial deed of fact (ata notarial) establishing possession executed by a notary public Lei nº 8.935/1994, art. 6º.
• Plot plan and descriptive memorandum signed by a qualified professional, accompanied by a Technical Responsibility Annotation (ART — Anotação de Responsabilidade Técnica) or Technical Responsibility Record (RRT — Registro de Responsabilidade Técnica).
• Georeferencing certification issued by Incra, according to legal mandatory deadlines based on land size.
• Clearance certificate from civil court distribution clerks in the property's jurisdiction and the possessor's domicile.
• Proof of tax payments or productive investments made on the rural land plot.

If you do not know where to obtain historical records of the property subject to usucaption, read the guidance on the full-content certificate.

Where to file the procedure for rural extrajudicial usucaption and how long does it take?

The procedure for extrajudicial usucaption unfolds in two distinct administrative stages in the out-of-court forum. You begin the preparatory phase at the notary notes office (tabelionato de notas) and complete the application at the competent real estate registry (registro de imóveis).

First, you visit the notary notes office to request the execution of the notarial deed of fact. The notary reviews the documentary evidence of possession and executes the notarial deed Lei nº 10.406/2002 — Código Civil, art. 215. Next, with the notarial deed and complete documentation, your attorney or public defender files the usucaption application directly with the Real Estate Registry (Registro de Imóveis) of the property's jurisdiction Lei nº 6.015/1973, art. 216-A.

The processing timeframe varies depending on the absence of third-party oppositions and the speed of notifications to public authorities. In general, processing takes between 3 and 12 months. The registrar officer qualifies the documents, sends notifications to the Federal Government, State, and Municipality, and publishes a notice in electronic media Provimento CNJ nº 149/2023, Livro II.

If there is no grounded opposition within the legal timeframe, the registrar approves the application and performs the record annotation or opens the property record in the new owner's name.

Document checklist

• [ ] Notarial deed of fact (ata notarial) attesting to possession and length of occupation executed at a notary notes office
• [ ] Plot plan and descriptive memorandum signed by a qualified engineer or surveyor with ART/RRT
• [ ] Georeferencing certification approved by Incra (depending on property size)
• [ ] Cleared and updated Certificate of Rural Property Registration (CCIR — Certificado de Cadastro de Imóvel Rural)
• [ ] Registration and filing receipt for the Rural Environmental Registry (CAR — Cadastro Ambiental Rural)
• [ ] Civil court clearance certificates from court distributors (state and federal) of the jurisdiction and domicile
• [ ] Proof of possession (utility/residence proof, structures, agricultural production, or tax records)

In practice

Case 1: Possession of rural property in an unrecorded area

João has occupied a 15-hectare land plot for 18 years in a peaceful and uninterrupted manner, but the area has no property record (matrícula) or transcription in the real estate registry. He hired a professional to prepare the plot plan and registered the property with the CAR and CCIR at Incra. Next, he went to the notary notes office to execute the notarial deed of fact. With the documentation filed at the real estate registry, public treasuries and adjoining neighbors were notified. With no oppositions, the registrar officer opened a new property record, declaring João's ownership.

Case 2: Partial submission of rural registrations resulting in a return note

Maria filed for extrajudicial usucaption of her rural property submitting the notarial deed of fact and the CAR, but omitted the CCIR due to pending registration issues at Incra. The real estate registrar officer issued a grounded return note (nota devolutiva), explaining that approval required proof of agrarian regularity. Maria regularized the property's registration status in Incra's system, obtained a cleared CCIR certificate, and resubmitted the file. The request proceeded normally and was approved and registered.

Common mistakes

• Submitting only the CAR and omitting the CCIR: The extrajudicial procedure requires cumulative proof of environmental and agrarian regularity.
• Using a plot plan without a georeferenced descriptive memorandum: The lack of fixed geographic coordinates prevents precise location of the area and results in a return note.
• Confusing the roles of the notary notes office and the real estate registry: The notary notes office executes the notarial deed of fact attesting possession; the real estate registry processes, administratively adjudicates, and registers the usucaption.
• Requesting usucaption without obtaining clearance certificates from court distributors: The absence of updated civil court certificates prevents verifying the peaceful and uninterrupted nature of the applicant's possession.

Legal basis

• Lei nº 6.015/1973 (Public Registers Law), art. 216-A — Regulates the procedure for extrajudicial usucaption processed directly before the real estate registrar officer Lei nº 6.015/1973, art. 216-A. Available at: https://www.planalto.gov.br/ccivil_03/leis/l6015compilada.htm
• Provimento CNJ nº 149/2023 (National Justice Council Regulation No. 149/2023), Book II — Regulates documentary instruction and procedural steps for extrajudicial usucaption applications before real estate registry offices Provimento CNJ nº 149/2023, Livro II. Available at: https://atos.cnj.jus.br
• Lei nº 8.935/1994 (Notaries and Registrars Law), art. 1º — Establishes the purpose of notarial and registry services to guarantee publicity, authenticity, security, and efficacy Lei nº 8.935/1994, art. 1º. Available at: https://www.planalto.gov.br/ccivil_03/leis/l8935.htm
• Lei nº 10.406/2002 (Civil Code — Código Civil), art. 1º,245 — Determines that the transfer of real estate ownership between living persons occurs upon registration of the title in the Real Estate Registry Lei nº 10.406/2002 — Código Civil, art. 1º.245. Available at: https://www.planalto.gov.br/ccivil_03/leis/2002/l10406compilada.htm
• Normative note — The specific requirement for the Rural Environmental Registry (CAR) and the Certificate of Rural Property Registration (CCIR) stems from complementary agrarian and environmental legislation, as well as regulations issued by State Internal Affairs Commissions of Justice (Corregedorias-Gerais de Justiça).

Frequently asked questions

• Is presenting the CCIR and CAR mandatory in the extrajudicial usucaption of rural properties?

Yes, presenting the CCIR and CAR is mandatory in the extrajudicial usucaption of rural properties. These registrations prove the agrarian and environmental regularity of the property before the Real Estate Registry.

• What happens if the rural property subject to usucaption has no prior land record or registration?

If there is no prior property record (matrícula), the real estate registrar officer will open a new property record upon granting the extrajudicial usucaption application, provided that the plot plan, descriptive memorandum, CAR, and CCIR are presented.

• Is it possible to pursue rural extrajudicial usucaption with only the CAR without having the CCIR?

No. The CAR attests to environmental regularity, while the CCIR proves agrarian registration status with Incra. Both are cumulative requirements for the final registration of rural extrajudicial usucaption.

• What additional documents are required for the extrajudicial usucaption of a rural property?

In addition to the CAR and CCIR, required documents include a notarial deed of fact (ata notarial) executed at a notary notes office, plot plan and descriptive memorandum signed by a qualified professional, court clearance certificates, and proof of peaceful possession.

• Where to file the procedure for rural extrajudicial usucaption and how long does it take?

The application is filed with the Real Estate Registry (Registro de Imóveis) of the property's jurisdiction after executing the notarial deed of fact at the notary notes office. The average timeframe ranges from 3 to 12 months, depending on complexity.

Editorial footer

Text drafted by the Institutional Communication and Notarial Law team of the 5th Notary Notes Office of Recife (5º Tabelionato de Notas do Recife). Last legal review conducted on August 12, 2026. Version 1.0.

Informational content; does not replace legal advice for specific cases.

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