Notarial Deed for Extrajudicial Adverse Possession Guide
The notarial deed of fact for extrajudicial adverse possession attests possession and occupancy duration before the notary office.
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Note: This content describes Brazilian notarial law.
Notarial Deed of Fact for Extrajudicial Adverse Possession: Requirements, Witnesses, and On-Site Inspection
Understand the notarial deed of fact for extrajudicial adverse possession: requirements, witnesses, notary inspection, and documents required.
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FAQ
What is the notarial deed of fact for extrajudicial adverse possession and what is it used for?
The notarial deed of fact for extrajudicial adverse possession is a public instrument drawn up by a notary public that attests to the truthfulness of possession, its duration, and its characteristics. It serves as indispensable pre-constituted evidence for the adverse possession petition submitted to the real estate registry officer.
Who can request the notarial deed of fact for extrajudicial adverse possession at the notary office?
Any possessor, accompanied by their attorney or public defender, may request the drawing up of a notarial deed of fact for extrajudicial adverse possession at the notary office of the municipality where the property is located.
What documents are required to draft the notarial deed of fact for extrajudicial adverse possession?
Required items include applicant identification documents, proof of duration of possession (such as utility bills, tax receipts, and payment proofs), a property plan and descriptive memorandum signed by a qualified professional, civil clearance certificates, and a list of witnesses or adjacent owners.
How does the on-site inspection and witness hearing by the notary work?
The notary or authorized deputy clerk travels to the subject property to personally verify occupancy, improvements, and boundaries. In addition, the notary hears witnesses and neighbors at the site or office, taking statements certifying unposed possession over time.