How is the process of external negative possession for unprecedented urban lands
Empty area, without structure, can hide history That time turned into law. Oh Extrajudicial Ushukapian This is a tool created to quickly and administratively identify this right. Even if the invader meets legal needs and without the opposition, the city can sort in the notary for years.
What is an external negative possession
Created to bureaucracy in Land Regularization, the Extrajudicial Ushukapian This allows those who have urban property to officially acquire property, which proves the possibility of constantly, peaceful, without opposition, and the purpose of the owner (hostility).
This practice is mainly controlled by art. 216-A Public Records Act (Law No. 6,015/73), Civil Procedure Code (Law No. 13.105/2015) and subsequent amendments (such as Law No. 13.465/2017), and are particularly useful in the land without deed, but for years.
How the process works
Interested party, represented by lawyer, all must collect Document Required, as:
- A memorial of the descriptive plant and a qualified professional signed territory;
- Civil and Tax Negative Certificates;
- Property Registration Certificate;
- Proof of possession such as accounts, evidence and photos.
With full document, request will be filed at the Real Estate Registry Office in the area where the land is located. Analyzes the notary documentation and enables neighbors (facing), City Hall, State and Union to begin the notification process, ensuring that everyone can talk.
If there are questions, justification is called an inquiry. It has also been published notice to promote the request. If there are no challenges or pending issues, the notary registration on behalf of the owner.
Differences of illegal mode
The biggest attraction The agility and simplicity of the policy. Apart from Dawala, the inquiry in the registry is usually not months and years to complete. In addition, there are low costs with fees and fees.
Another differential is the most accurate technical control, as the documentation is given on the basis of objective standards defined by the law and registry office regulations.
Benefits for those who occupy urban land without building
Lack of structure does not prevent the detection of possession. It is possible to enter empty land with continuous use and continuous use by concrete measures such as fencing, cleaning, community or productive use.
This regularization provides legal determination, praise of property and access the credit, financing or legal sale of the property. In addition, illegal adverse possession is a less mentally laborious way, as it prevents the slowdown and complexity of justice.
Attention points and the necessary care
- Check that the earth is really empty by third parties;
- Soumys and continuously seize for at least five years;
- Another urban or rural property is not owner (in the case of special town adverse possession of up to 250 m²;
- There is technical support from the engineer, Lawyer and the Confidence Notary.
In litigation areas, with multiple owners or administrative issues, this process is possible or more.
