What is the process of real estate possession and what are the rights of the owner?
One of the most powerful tools in the state is one of the property acquisition to ensure the witness of public interest works. In conditions of construction of roads, schools or hospitals, for example, the government needs to occupy private land, but it cannot be done arbitrarily. The process is to be legal, it is necessary to follow Specific stages, respecting the right to fair compensation to the owner.
What does possession mean and when it occurs?
The possession is a legal measure, which allows the state to remove a property from its owner, but always with the intention of meeting a mass interest or social need. This occurs to facilitate the implementation of infrastructure, such as the creation of highways and railways or public places. In simple words, when the government decides that a private property is needed for collective well -being, it can be removed by compensation.
The Federal Constitution of 1988 It must be seized before it is seized and by affordable compensation. The compensation reflects the real value of the property without partisan for the entire owner. If the compensation is not accepted, the case can be brought to court, where the fair value is determined.
Stages of the process of possession
Declaratory phase
In this first phase, the government declares the social interest of public interest or property through a decree. The reason for the possession of this document is the value of the proposed compensation and the destination of the property. In other words, when the government defends the government’s need to occupy the land, such as building a road.
Executori stage
Part of the process of negotiating the executori phase compensation. It may be administrative when there are attempts to accept between the owner and the government or the judiciary if the parties do not reach a consensus on the value of compensation. At this stage there may be discussions about the affordable value paid by the property, as well as any competitions regarding the authenticity of the process.
Owner rights at the time of possession
Although the acquisition process is withdrawing the property, the owner guarantees many rights. These are some major:
Affordable and pre -compensated
The owner is eligible for a compensation that reflects the market value of the property, without being less valuable. This compensation must be paid before the property is effectively removed.
Participating in evaluation
The owner can participate in the evaluation of the property and if he does not agree with the allotted amount, the evaluation by counterfeit. This is a fundamental right to ensure that the employer does not harm the unrealistic value.
Compensation for damage
In addition to compensation for the value of the property, the employer can also compensate for the losses and loss of profits, that is, the loss of property and disruption of his income, if the property is used for commercial purposes.
Monetary correction and interest
If the payment of compensation is delayed, the owner is eligible to pay for the money correction and default interest, to ensure that the compensation is not lost over time.
The right to compete
If the owner believes that his rights are not respected or not properly justified, he may contest the process by the administration or the judiciary.
When can the owner occupy the property?
In the process of possession, the owner has the right to continue in the property until the possession is effective, except in emergencies. If there is a need for great public interest works and the immediate occupation of the property is required, the owner may be quickly removed.
Brazilian law protects the owners, compensation, ensuring that the acquisition process is fair. However, it is essential to know how to use their rights to ensure that employers are aware of the process stages and ensure compensation fit. With proper guidance, citizens can prevent damage and confirm more transparent and fair discussions.
