Deed of Assignment of Possession: Requirements & Documents

Note: This content describes Brazilian notary and registry law.

This article answers

• What is a deed of assignment of possession and what is it used for?
• What are the requirements to execute a deed of assignment of possession at a notary office?
• What documents are required to execute a deed of assignment of possession?
• Does a deed of assignment of possession transfer property ownership at the real estate registry?
• How much does it cost and how long does it take to execute a deed of assignment of possession?

In summary

• A deed of assignment of possession (escritura de cessão de posse) is a public notarial act by which a possessor transfers their factual occupation rights over real property to another person.
• It documents the occupation history and enables the tacking of possessory periods for real estate regularization or adverse possession (usucapião) purposes.
• The deed of assignment of possession requires legal capacity of the parties, clear identification of the property, and proof of actual occupation time.
• Execution is performed at a notary office (tabelionato de notas), but it does not transfer legal ownership nor alter records at the real estate registry (registro de imóveis).

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What is a deed of assignment of possession and what is it used for?

The deed of assignment of possession is a public instrument executed at a notary office (tabelionato de notas) in which the possessor (assignor/cedente) transfers the rights over the occupation of a property to the buyer or beneficiary (assignee/cessionário) Lei nº 8.935/1994, art. 6º. The act guarantees publicity, authenticity, and legal certainty to the manifestation of will of the parties involved in the transaction Lei nº 8.935/1994, art. 1º.

Unlike a traditional real estate sale, the deed of assignment of possession does not deal with registered ownership. It addresses the right of possession, which is the factual exercise of power over the property. This instrument serves to prove the continuity of occupation and enable the combination of possession time (tacking of possession) for future adverse possession (usucapião) claims.

When executing the deed of assignment of possession, the notary public takes the declarations, verifies the legal capacity of the applicants, and formalizes the transaction Lei nº 10.406/2002 — Código Civil, art. 215. It is essential to understand the difference between registration and annotation on the property registry card, as possession does not directly enter the real estate register.

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What are the requirements to execute a deed of assignment of possession at a notary office?

The requirements for a deed of assignment of possession aim to ensure the validity of the legal transaction performed before the notary public Lei nº 10.406/2002 — Código Civil, art. 104. First, the parties must have full legal capacity and be duly represented or assisted when necessary Lei nº 10.406/2002 — Código Civil, art. 166.

In addition to the parties' legal capacity, detailed qualification of the property stands out among the requirements for a deed of assignment of possession. It is necessary to delimit the location, boundaries, and approximate area of the land, even if there is no formal registration card (matrícula) opened at the real estate registry.

Another fundamental point concerns proof of the assignor's prior possession. The assignor must demonstrate to the notary public that they exercise factual power over the property. This demonstration can be made through tax receipts, public service utility bills, or documented testimonies.

| Requirement | Legal Description | Application to the Assignment |

| :--- | :--- | :--- |

| Legal Capacity of the Parties | Art. 104 of the Código Civil (Brazilian Civil Code) | Adults with full capacity or duly represented |

| Lawful and Determinable Subject Matter | Art. 104 of the Código Civil | Factually delimited property with specified boundaries |

| Spousal Consent | Applicable marital property regime | Spousal consent according to marital property regime |

| Proof of Possessory Exercise | Legal doctrine and CNJ regulations | Documented history of use and occupation |

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What documents are required to execute a deed of assignment of possession?

The documentation required to execute a deed of assignment of possession ensures the correct identification of the parties and the property subject to the transaction. You must present updated personal documents for all contracting parties to the notary office.

Parties' documents (Assignor and Assignee)

• Official photo identification document (RG identity card, CNH driver's license, or professional ID card);
• Individual Taxpayer Registry card (CPF);
• Civil status certificate (updated birth or marriage certificate);
• Recent proof of residence;
• Registered prenuptial agreement, if required by the marital property regime.

Property and proof of possession documents

• Proof of possession duration (IPTU urban property tax or ITR rural property tax receipts from recent years);
• Utility bills for water, electricity, or sanitation in the assignor's name;
• Topographic plan, descriptive survey, or sketch signed by a qualified professional, if available;
• Property status certificate or search issued by the competent real estate registry;
• Clearance certificates for civil and possessory lawsuits in the name of the assignor.

Rigorous verification of the documentation prevents defects in the deed of assignment of possession and ensures that the transaction takes place in a transparent and legally stable manner.

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Does a deed of assignment of possession transfer property ownership at the real estate registry?

A deed of assignment of possession does not transfer property ownership at the real estate registry (registro de imóveis). Under Brazilian law, inter vivos transfer of real estate ownership requires the registration of the translativo title on the property's registration card (matrícula) Lei nº 10.406/2002 — Código Civil, art. 1º.245. Possession is a factual situation protected by law, but it is distinct from legal title (ownership).

The deed of assignment of possession serves as evidence of the occupation period and the transferred possessory rights (accessio possessionis). The assignee acquires the possessory period of the previous possessor to request a declaration of ownership in the future.

To transform possession into full legal ownership, the buyer will need to resort to judicial adverse possession or extrajudicial adverse possession (usucapião extrajudicial) Lei nº 6.015/1973, art. 216-A. To learn more about converting possession into definitive title, consult our detailed article on extrajudicial adverse possession and property area rectification.

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How much does it cost and how long does it take to execute a deed of assignment of possession?

The cost of executing a deed of assignment of possession is determined by the official fee table (tabela de emolumentos) of the state where the notary office is located. Notary fees function as legal charges and vary according to the transaction value or fixed brackets set by the state code of norms.

Regarding turnaround time, executing a deed of assignment of possession typically takes 3 to 10 business days. This timeframe depends on the time required to review personal clearance certificates and analyze documents proving possession.

The procedure can be performed in person or digitally via the e-Notariado platform Provimento CNJ nº 149/2023, Livro II. Digital execution requires a notarized digital certificate and a video conference session with the responsible notary public.

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Document checklist

To streamline service at the notary office, verify that you have gathered all the items below before scheduling the execution of your deed of assignment of possession:

• [ ] Official ID card (RG) and Taxpayer Registry (CPF) of assignor and assignee (and respective spouses, if married).
• [ ] Updated marriage or birth certificate (issued within the last 90 days).
• [ ] Updated proof of address for the assignee.
• [ ] IPTU (urban property tax) or ITR/CCIR (rural property tax/certificate) receipts from previous years.
• [ ] Historical electricity, water, or landline phone bills linked to the property.
• [ ] Certificate of encumbrances and real/reipsecutory actions issued by the real estate registry.
• [ ] Clearance certificates for civil and possessory lawsuits from the jurisdiction where the property is located.
• [ ] Site plan, descriptive survey, or location sketch of the land area.
• [ ] Written statement from neighboring property owners confirming peaceful possession, if available.

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In practice

Case 1: Sale of urban land possession without registration card

João had occupied an urban plot of land peacefully for 8 years, but decided to move to another city. He negotiated the transfer of this occupation to Maria. Both appeared at the notary office carrying historical electricity bills, paid IPTU tax receipts, and clearance certificates. The notary public executed the deed of assignment of possession, recording the transfer of occupation time. Years later, Maria presented this document at the real estate registry office to add João's 8 years to her own period of occupation, obtaining ownership via extrajudicial adverse possession (usucapião extrajudicial).

Case 2: Assignment of rural land without spousal consent

Carlos, married under the partial community of property regime, attempted to sign a deed of assignment of possession alone for a rural plot he occupied. During the notarial qualification, the notary office informed him of the requirement for his wife's consent. This requirement stems from the matrimonial property regime. Upon presenting his wife's documents and obtaining her joint signature on the public instrument, the assignment was completed without any nullity defects.

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Frequent errors

• Believing that the assignment transfers legal ownership of the property:
• Delay or problem: Assuming the property is registered in your name immediately after leaving the notary office.
• How to avoid: Understand that the deed of assignment of possession transfers only the factual right of occupation. Legal ownership requires an adverse possession procedure or registered property title.

• Using an unrecorded private contract:
• Delay or problem: Private contracts lose evidentiary strength over time and complicate adverse possession filings.
• How to avoid: Insist on executing a deed of assignment of possession by public instrument at a notary office to ensure public faith and authenticity.

• Failing to prove retroactive possession duration:
• Delay or problem: The buyer cannot demonstrate how many years the assignor stayed on the property.
• How to avoid: Attach historical utility bills, tax receipts, and invoices for improvements made on the property to the deed.

• Lack of spousal consent:
• Delay or problem: The notarial act can be challenged in court due to missing consent from the assignor's spouse.
• How to avoid: Present an updated marriage certificate and collect the spouse's signature when executing the deed of assignment of possession.

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Legal basis

• Lei nº 10.406/2002 — Código Civil, art. 215 Lei nº 10.406/2002 (Código Civil - Civil Code), art. 215 — Establishes that a public deed is an instrument endowed with public faith and makes full proof of the statements contained therein. Official source: Planalto - Civil Code.
• Lei nº 10.406/2002 — Código Civil, art. 1º.245 Lei nº 10.406/2002 (Código Civil - Civil Code), art. 1º,245 — Establishes that the transfer of real property ownership inter vivos occurs upon registration of the title at the Real Estate Registry. Official source: Planalto - Civil Code.
• Lei nº 6.015/1973, art. 216-A Lei nº 6.015/1973 (Lei de Registros Públicos - Public Records Law), art. 216-A — Regulates the administrative procedure for extrajudicial adverse possession processed directly before the real estate registrar. Official source: Planalto - Law 6.015.
• Lei nº 8.935/1994, art. 1º Lei nº 8.935/1994 (Lei dos Cartórios - Notaries and Registrars Law), art. 1º — Defines the purpose of notary and registry services to guarantee publicity, authenticity, safety, and efficacy of legal acts. Official source: Planalto - Law 8.935.
• Provimento CNJ nº 149/2023, Livro II Provimento CNJ nº 149/2023 — Consolidation of the National Code of Norms of the National Corregidor Office of Justice regarding notary and registry services. Official source: Conselho Nacional de Justiça.

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Frequently asked questions

What is a deed of assignment of possession and what is it used for?

A deed of assignment of possession is a notarial act that formalizes the transfer of possession rights over a real property from one person to another. It serves to document the prior period of occupation and demonstrate continuity of possession, acting as an essential instrument to support future adverse possession (usucapião) claims Lei nº 10.406/2002 — Código Civil, art. 215.

What are the requirements to execute a deed of assignment of possession at a notary office?

The requirements for a deed of assignment of possession include full civil capacity of the parties, complete identification of the parties, detailed description of the property, and proof of actual exercise of possession by the assignor through documents or declarations Lei nº 10.406/2002 — Código Civil, art. 104.

What documents are required to execute a deed of assignment of possession?

Official identification documents and CPF cards of the parties, civil status certificates, proof of residence, real estate encumbrance certificates or registry searches are required, alongside possessory evidence such as utility bills, IPTU or ITR tax payment receipts, and a land survey or sketch.

Does a deed of assignment of possession transfer property ownership at the real estate registry?

No. A deed of assignment of possession does not transfer ownership at the real estate registry. Possession is a factual status, whereas legal ownership requires registered title on the property's registration card Lei nº 10.406/2002 — Código Civil, art. 1º.245. The document only allows transferring the possessory period and rights for eventual property regularization through adverse possession Lei nº 6.015/1973, art. 216-A.

How much does it cost and how long does it take to execute a deed of assignment of possession?

The cost of a deed of assignment of possession varies according to the official fee table of the state where the act is performed. The procedure usually takes between 3 and 10 business days after all required documentation is submitted to the notary office.

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Next steps

• Gather proof of possession duration: Collect all historical utility bills, tax receipts, and certificates that prove continuous occupation of the property.
• Request necessary certificates: Request civil lawsuit clearance certificates and property status or search certificates from the corresponding real estate registry jurisdiction.
• Seek guidance at the notary office: Present the documentation for preliminary notarial qualification prior to signing the deed of assignment of possession.

To understand how formal property transfers work with registered titles, also consult our guide on the public deed of purchase and sale of real estate.

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Editorial footer

Editorial Team: 5th Notary Office of Recife (5º Tabelionato de Notas do Recife)

Professional Qualification: Notary and Registry Service

Date of Last Legal Review: October 12, 2026

Version: 1.0 — PEAN-AEO

Notice: The content of this article is strictly educational and informational. It aims to reduce information asymmetry and does not replace individualized legal counsel applicable to concrete cases.

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