Extrajudicial Adverse Possession & Compulsory Adjudication | Guide
Understand the procedures and documentation required to apply for extrajudicial adverse possession and compulsory adjudication directly at the real estate registry.
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Por Notarial Editorial Team of the 5th Notary Public Office of Recife — AI-assisted legal editorial staff · 5º Tabelionato de Notas de Recife
Notice: This content describes Brazilian notary and registry law (Direito Notarial e Registral brasileiro).
Procedures and Documentation for Extrajudicial Adverse Possession and Compulsory Adjudication
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Em resumo
- Extrajudicial adverse possession and compulsory adjudication are administrative procedures conducted directly before the real estate registrar (oficial de registro de imóveis) to regularize property ownership without requiring a judicial lawsuit.
- Extrajudicial adverse possession is based on prolonged, continuous, and peaceful possession, whereas compulsory adjudication requires full payment of the purchase price and the refusal or inability to execute the definitive public deed.
- The notarial deed (ata notarial) issued by a notary public (tabelionato de notas) is a mandatory document to support an extrajudicial adverse possession claim.
- Law No. 14,382/2022 (Lei nº 14.382/2022) included compulsory adjudication within the extrajudicial realm, accelerating definitive property registration for fully settled buyers.
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FAQ
What are extrajudicial adverse possession and compulsory adjudication?
Extrajudicial adverse possession and compulsory adjudication are administrative mechanisms conducted at real estate registry offices to obtain formal title to property. Adverse possession is grounded on time-qualified possession without opposition. Compulsory adjudication relies on a fully settled purchase and sale contract where the seller failed to grant a deed. Both bypass lengthy court proceedings.
What are the requirements and documents to apply for extrajudicial adverse possession at the registry office?
Requirements for extrajudicial adverse possession include peaceful, continuous, and open possession for the period required by law. The applicant must support the claim with a notarial deed issued by a notary public office, a property map and technical summary signed by a certified professional, court distribution clearance certificates, and consent from adjacent neighbors or notice served by the real estate registrar.
When is extrajudicial compulsory adjudication applicable at the registry office?
Extrajudicial compulsory adjudication applies when a buyer holds a promise of purchase and sale contract or assignment of rights and proves full payment of the agreed price. It addresses situations where the promising seller refuses to sign the definitive public deed, dies without granting the transfer, or cannot be located.
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