Adverse possession in São Paulo: how to regularize property title through possession, and when can it be resolved at the registry?

There is a property — a plot of land, a house, an apartment — that a family has occupied for years, paying IPTU (municipal property tax), renovating, living or working in it. But when the time comes to sell, finance or take it through probate, the discovery hits: the property is not in the name of the person who uses it. The deed was never registered, the seller disappeared, the registered owner died decades ago, or there is only an "unrecorded private contract" (contrato de gaveta) sitting in a drawer.

This mismatch between who possesses and who appears in the registry is more common than it seems — and it blocks everything. Without the property record (matrícula) in the right name, you cannot sell with security, pledge the property as collateral, regularize an inheritance, or access credit. The cost of inaction is silent: the property loses market value, the family is exposed to disputes, and sometimes the problem only surfaces at the worst possible moment.

Adverse possession is the legal path to close this mismatch. In this guide, you will understand what adverse possession is, the requirements common to all types, which types exist and their time periods, the difference between doing it in court or at the registry (and when each fits), how much it costs and how long it takes, and what can and cannot be acquired by adverse possession. At the end, an example with figures, the most common mistakes, and a checklist.

What is adverse possession and when is it useful?

Adverse possession is the way of acquiring ownership of a property through prolonged possession, continuous and unopposed, during the period fixed by law (arts. 1,238 to 1,244 of the Brazilian Civil Code). It is an original acquisition: whoever acquires by adverse possession does not receive a right from a former owner — they create a new right, recognized by the law itself, precisely because they gave the property the use that the registered owner did not.

In practice, it serves to regularize the title of property in very frequent situations: a purchase made through a private contract that was never given a deed or registered; a property inherited and occupied by part of the family without probate; a plot of land occupied in good faith for decades; the "unrecorded private contract" (contrato de gaveta) that no one ever formalized. In all of these cases, there is possession, but title is missing. Adverse possession turns possession into registered ownership.

The rationale behind the institution is the social function of property (a constitutional principle): the law favors whoever actually occupies, cares for, and puts the property to use. The point of this is simple to explain: adverse possession gives legal certainty to those who have long behaved as owners.

Although this guide deals with real estate, it is worth knowing that there is also adverse possession of movable property (a vehicle, for example): 3 years with just title (justo título) and good faith (art. 1,260 of the Brazilian Civil Code) or 5 years regardless of title (art. 1,261).

What are the requirements common to all adverse possession?

Before looking at the types, you must understand what can never be missing. Regardless of the type, the possession that leads to adverse possession must combine four characteristics:

• Peaceful and undisturbed possession: exercised without violence and without challenge from anyone whatsoever.

• Continuous possession: uninterrupted throughout the entire legal period, without abandonment.

• Possession with animus domini: with the intention of being the owner, and not of being a mere precarious occupant (a tenant or a borrower under a loan-for-use, for example, does not acquire by adverse possession, because they acknowledge another person as the owner).

• Lapse of the legal period: the time required by the applicable type.

Two points complete the picture. First, it is possible to tack the possession of the predecessor onto your own to reach the period (art. 1,243 of the Brazilian Civil Code), provided there is continuity and a link between the possessions — for example, adding the years of whoever sold it to you informally. Second, there is an absolute limit: public property cannot be acquired by adverse possession (art. 183, paragraph 3, and art. 191, sole paragraph, of the Constitution), a rule that applies to property of the Federal Union, the states, and the municipalities.

What are the types of adverse possession and their time periods?

There is no single adverse possession: there are several, each designed for a situation. The right type changes the time period, the requirement (or not) of just title and good faith, and the area limit. The table below gathers the main ones:

Type	Time period	Key requirements
Extraordinary (Civil Code, art. 1.238)	15 years (10 with dwelling or productive works)	Possession with animus domini; no just title or good faith required; no area limit.
Ordinary (Civil Code, art. 1.242)	10 years (5 in the special case)	Requires just title and good faith; drops to 5 years if the property was acquired for value with a registration later cancelled, plus dwelling or investments.
Special urban (Constitution, art. 183; Civil Code, art. 1.240)	5 years	Urban property of up to 250 m²; used as a dwelling; not owning another property; only once.
Special rural (Constitution, art. 191; Civil Code, art. 1.239)	5 years	Rural area of up to 50 hectares; made productive through labor; with a dwelling; not owning another property.
Family (Civil Code, art. 1.240-A)	2 years	Urban property of up to 250 m² shared with a former spouse or former partner who abandoned the home; dwelling; not owning another property; only once.
Collective (Lei 10.257/2001, art. 10)	5 years	Informal urban settlements of a low-income population; area per possessor under 250 m²; not owning another property.

It is worth noting two settled understandings of the courts, useful in practice. The STJ (Superior Court of Justice, Theme 985) and the STF (Supreme Federal Court, RE 422.349) established that the recognition of special urban adverse possession cannot be denied merely because the area is smaller than the minimum module defined in a municipal land-subdivision law. And the STJ allows adverse possession of property held in co-ownership by one of the co-owners, provided they exercise possession exclusively. The point of this is simple: form cannot stifle the right of someone who meets the requirements.

To choose the right type, it is worth understanding what each is suited for:

Extraordinary (15 years, or 10 with dwelling or works). Works well when: there is no acquisition document at all and the possession is long-standing. Advantage: it requires no just title or good faith and has no area limit — it is the most used when the only link to the property is long possession.

Ordinary (10 years, or 5 in the special case). Works well when: there is a just title (a contract, an assignment) and good faith. Advantage: a shorter period, in exchange for documentation of the origin of the possession.

Special urban (5 years). Works well when: it is the family's only dwelling, in an urban property of up to 250 m². Limit: you cannot own another property, and the benefit is granted only once.

Special rural (5 years). Works well when: the family lives and works on a rural area of up to 50 hectares, making it productive. Purpose: to favor the social function of the land.

Family (2 years). Works well when: one of the spouses or partners abandoned the home and the other remained alone in the shared property of up to 250 m². Time period: the shortest of all, but with strict requirements and a single grant.

Collective (5 years). Works well when: it concerns an informal urban settlement of a low-income population, where the lots of each occupant cannot be separated. Instrument: provided for in the City Statute, it relates directly to land-tenure regularization.

Just title and good faith: what do they mean in adverse possession?

Two situations depend on just title and good faith — it is worth understanding what they are. The just title (justo título) is the document that, in theory, would serve to transfer ownership, but has some defect or was never registered: a private sale and purchase contract, an assignment of rights, a deed never taken to registration, an "unrecorded private contract" (contrato de gaveta). Good faith is the possessor's sincere conviction that they are the rightful owner, unaware of any defect that would bar the acquisition.

Whoever has both can use the ordinary adverse possession, of 10 years (art. 1,242) — or of 5 years, in the special case in which the property was acquired for value with a registration later cancelled and the possessor lives or has invested in it. Whoever does not have title does not even need it: the extraordinary type (art. 1,238) requires neither, demanding only possession with animus domini for the longer period. The point of this is simple: the better the documentation of the origin of the possession, the shorter the period tends to be.

A useful procedural detail: the STJ allows the adverse possession period to be completed during the course of the action (Statement 497 of the V Civil Law Conference) — that is, the entire time need not have already elapsed by the date of the application, provided it is completed before the decision.

Judicial or extrajudicial adverse possession: which route to follow?

Since 2015, adverse possession has had two routes. Judicial adverse possession proceeds in court and is necessary when there is conflict — someone challenges the possession, the owner objects on substantive grounds, or consents are missing. Extrajudicial adverse possession is done directly at the Real Estate Registry Office of the property's location, without litigation, when there is no dispute (art. 216-A of Lei 6.015/1973, added by the Code of Civil Procedure).

The great breakthrough came with Lei 13.465/2017: previously, the silence of the owner or of the notified abutting neighbors was read as disagreement, which made the procedure unworkable; today, silence within the 15-day period counts as consent (art. 216-A, paragraph 2). CNJ Resolution 65/2017 standardized the procedure throughout the country.

In the extrajudicial route, the application is made by a lawyer and supported, among other documents, by: the notarial deed of facts (ata notarial) drawn up by a notary attesting to the time of possession; the survey plan and descriptive report signed by a qualified professional, with an ART (technical responsibility note); and certificates. The registry notifies the abutting neighbors and holders of rights, gives notice to the public entities (Federal Union, state, and municipality), and publishes a public notice for third parties. If there is a substantiated objection, the registrar refers the case to the court — and rejection at the registry does not bar the judicial action.

Criterion	Judicial	Extrajudicial
When it fits	Always possible; necessary if there is litigation or an objection	No conflict; owner and abutting neighbors consent (or remain silent)
Where	Civil court (TJSP)	Real Estate Registry Office of the property's location
How it starts	Statement of claim	Application by a lawyer + notarial deed of facts
Evidence of possession	Witnesses, documents and, sometimes, an expert examination	Notarial deed of facts + survey plan/report with ART + documents
Silence of the notified party	Assessed by the judge	Counts as consent (Lei 13.465/2017)
Typical time	Years	Months, with complete documentation

How does extrajudicial adverse possession work, step by step?

The procedure at the registry follows a sequence defined by art. 216-A of Lei 6.015/1973 and by CNJ Resolution 65/2017:

• 1. Notarial deed of facts. A notary draws up the deed (ata notarial) attesting to the time and circumstances of the possession of the applicant and of their predecessors.

• 2. Survey plan and descriptive report. An engineer or surveyor prepares the plan and the report, with an ART, describing the property and its boundaries.

• 3. Application by a lawyer. The application is filed at the Real Estate Registry Office of the property's location, supported by the deed, the plan, the just title (if any), and certificates.

• 4. Qualification and notifications. The registrar reviews the documents and notifies the abutting neighbors and the holders of rights to respond within 15 days — silence counts as consent.

• 5. Notice to public entities. The Federal Union, the state, and the municipality are given notice, within 15 days, above all to rule out the possibility that the property is public.

• 6. Public notice. A public notice is published so that any interested third parties may respond.

• 7. Registration (or referral to the court). With everything in order and no substantiated objection, the registrar opens the property record (matrícula) in the possessor's name. If there is a substantiated objection, the case is referred to the courts.

How much does an adverse possession cost and how long does it take in São Paulo?

The costs of an adverse possession do not revolve around tax — unlike a sale and purchase, the ITBI does not apply, because adverse possession is an original acquisition. The main expenses are others: the registry fees (notarial deed of facts and registration, according to the schedule tiered by the property's value), the survey plan and descriptive report signed by an engineer or surveyor with an ART, any certificates, and the lawyer's fees, freely agreed.

The time depends heavily on the route and the evidence. The extrajudicial route, with complete documentation and no objections, usually resolves in a few months. The judicial route usually takes years, especially when there are defendants of unknown whereabouts, a need for an expert examination, or a defense. In any case, the bottleneck is usually the evidence of possession and the locating of the abutting neighbors and of the registered owner — the more organized the documentation (old bills, contracts, photos, witnesses), the faster.

In practice, what weighs most on the cost and the time is:

• The property's value: the registry fees follow a tiered schedule — the higher the value, the higher the registration fee.

• The quality of the evidence of possession: old, organized documents shorten the path; gaps make it necessary to seek witnesses and additional evidence.

• The locating of the abutting neighbors and of the registered owner: when someone is of unknown whereabouts, the extrajudicial route stalls and the case tends to migrate to the courts.

• The existence of an objection: a substantiated opposition refers the application to the court, adding time and cost.

Is adverse possession useful for a financed, inherited, or unrecorded-private-contract property?

Yes — and these are, in practice, the most common situations. Whoever bought through an unrecorded private contract (contrato de gaveta) or received an assignment that was never registered has, as a rule, a just title, which may allow the ordinary adverse possession, with a shorter period. Whoever inherited a property and occupies it without probate may regularize their situation by adverse possession, including as against co-heirs, provided the possession is exclusive and with animus domini (an understanding allowed by the STJ for property held in co-ownership).

There is, however, a caveat: a property that is financed and with an active fiduciary lien (alienação fiduciária) in favor of the bank involves a real security interest that must be analyzed case by case — it is not a trivial adverse possession. The point of this is simple to explain: adverse possession resolves the lack of title, but each origin (unrecorded private contract, inheritance, financing) requires a different strategy.

What cannot be acquired by adverse possession?

Not everything is subject to adverse possession. The main limits are:

• Public property: property of the Federal Union, the states, and the municipalities is not acquired by adverse possession (Constitution, art. 183, paragraph 3, and art. 191, sole paragraph) — hence the notice to the public entities in the procedure.

• Property outside commerce and areas with a specific public dedication, as the case may be.

• Precarious possession: whoever occupies under a lease, a loan-for-use, or by mere tolerance does not acquire by adverse possession, because they lack animus domini — they acknowledge another person as the owner.

Identifying at the outset whether the property qualifies (and under which type) is what avoids spending time and money on an application that will not succeed.

What documents are required for adverse possession?

The strength of the application lies in the evidence. In general terms, the following are gathered:

• On the property: an up-to-date property record (matrícula) (or a certificate that there is no property record), the IPTU booklet, and details of the abutting neighbors.

• On the possession: old water, electricity, and telephone bills, IPTU receipts, contracts, receipts, photos, and statements from neighbors — the older, the better.

• Technical: a survey plan and descriptive report signed by an engineer or surveyor, with an ART.

• Personal: documents of the applicant and of the spouse or partner.

• Just title (if any): the contract, the assignment, or the "unrecorded private contract" (contrato de gaveta) that gave rise to the possession — essential for the ordinary type.

• Certificates: clearance certificates from the court distribution office and other relevant ones, to show the absence of litigation over the property.

A practical reminder is worth making: adverse possession is won on the evidence, not on rhetoric. The longer and better documented the timeline of the possession — bills, contracts, dated photos, witnesses — the lower the risk that the application stalls. Gathering this material before filing is what separates a case of months from one that drags on for years.

Who can apply for adverse possession and who must be heard?

The applicant is the possessor who meets the requirements (alone, together with the spouse, or the heirs of a deceased possessor). But adverse possession does not happen "in secret": the law ensures that the interested parties are heard. Notice is given to the registered owner, the abutting neighbors (neighbors), and the holders of rights over the property; notice is given to the public entities (Federal Union, state, and municipality); and a public notice is published for third parties. This adversarial process is what gives security to the result — and what prevents the registration from later being annulled for having concealed someone.

Adverse possession and land-tenure regularization (REURB): what is the relationship?

Adverse possession is an individual regularization instrument: it serves for a possessor to have ownership of a specific property recognized. When the problem is collective — an entire informal neighborhood or settlement — the path is usually urban land-tenure regularization (REURB), provided for in Lei 13.465/2017 and conducted in partnership with the municipality. In many cases, REURB is faster and more efficient than dozens of individual adverse possessions.

The two instruments complement each other, and sometimes overlap: the same Lei 13.465/2017 that created the land-tenure regularization framework also improved extrajudicial adverse possession. The point of this is simple to explain: a property is regularized through the path most suited to its problem — individual or collective.

Practical example: the regularization of Mr. Antônio's plot

Mr. Antônio has occupied, for 16 years, a plot of land in a neighborhood of São Paulo where he built his house. There was never a deed: he bought it from an acquaintance through a simple receipt, and the seller disappeared. In the registry, the property still appears in the name of a former owner, now deceased.

• Type: since the possession has been peaceful, undisturbed, and continuous for more than 15 years and he established a dwelling, the extraordinary adverse possession (art. 1,238) applies, which requires no just title or good faith.

• Route: there is no one challenging the possession and the abutting neighbors are known and agree — so the extrajudicial route applies, at the Real Estate Registry Office of the area.

• Documents: a notarial deed of facts attesting to the 16 years of possession, a survey plan and descriptive report signed by an engineer with an ART, old electricity bills and IPTU in Mr. Antônio's name, and statements from the neighbors.

• Notifications: the registry notifies the abutting neighbors and the heirs of the former owner and gives notice to the public entities; as no one objects within the period, silence counts as consent.

• Result: the registrar opens the property record (matrícula) in Mr. Antônio's name. Within a few months, the plot becomes, legally, his — and can be sold, financed, or left as an inheritance with security.

• Approximate costs: notarial deed of facts and registration according to the schedule for the plot's value, the survey plan with the engineer's ART, and the lawyer's fees — with no ITBI, since it is an original acquisition. The total is usually far lower than that of a drawn-out court dispute.

If a neighbor were to challenge the boundary, or if an heir of the former owner were to object on substantive grounds, the case would go to court — slower, but equally possible.

What counts as possession with the "intent of an owner"?

The heart of adverse possession is possession with animus domini — acting as an owner, and not as someone who occupies on a precarious basis. In practice, acts such as living in the property, paying the IPTU in one's own name, making improvements and renovations, fencing the plot, renting it to third parties as if an owner, and presenting oneself as the owner before neighbors and service providers demonstrate this intent.

On the other hand, there is no animus domini in whoever occupies under a lease, a loan-for-use, or mere tolerance of the true owner — because they acknowledge another's ownership. And sporadic possession is not enough: it must be peaceful (without violence), undisturbed (without serious challenge), and continuous (without abandonment) throughout the entire period. The point of this is simple: adverse possession protects whoever truly behaved as an owner, and not whoever merely used the property as a favor.

There is an exception that often surprises: whoever started out as a tenant or borrower under a loan-for-use may, in specific situations, begin to acquire by adverse possession if there is a clear and unequivocal change in the nature of the possession — the so-called interversion of possession (art. 1,203 of the Brazilian Civil Code). This requires an evident act of opposition to the former owner (for example, ceasing to pay rent and beginning to behave openly as the owner, with no one challenging it), and the new period only starts running from that point. It is not simple to prove — but it exists.

What if the property is an apartment in a condominium?

The adverse possession of an independent unit in an horizontal-property condominium (an apartment, for example) has its own conveniences. To dispense with collecting the signatures of all the neighbors, it is enough to notify the condominium manager to respond in place of the abutting neighbors (art. 216-A, paragraphs 11 and 12, of Lei 6.015/1973). And, in the extrajudicial procedure, the survey plan and report are dispensed with when the unit is already described in the property record (matrícula), it being sufficient for the application to refer to that description (CNJ Resolution 65/2017). This makes the adverse possession of apartments far simpler than that of plots whose boundaries must be surveyed.

Adverse possession or compulsory adjudication: what is the difference?

It is worth not confusing two instruments. Adverse possession is based on the time of possession and works even without a contract with the owner — including against an inert or vanished owner. Compulsory adjudication, by contrast, is the path of whoever bought from the true owner, paid, but could not obtain the definitive deed — and wants to compel the seller (or their heirs) to grant it. Here it is not long possession that is at issue, but the performance of the contract.

Since Lei 14.382/2022, compulsory adjudication can also be done through the extrajudicial route, at the real estate registry, without a court action. Knowing which instrument to use — adverse possession or adjudication — is part of the initial analysis: it depends on whether you have (or not) a contract with the owner and on the actual situation of the property.

Can a recognized adverse possession be challenged afterward?

Yes, in specific situations. Recognition — judicial or extrajudicial — presupposes that the interested parties were correctly identified and notified. If the applicant willfully conceals an essential fact (for example, hides the existence and address of the owner's heirs, forcing an improper notice by public notice), the procedure and the registration may be annulled for fraud, as the São Paulo Court of Justice (TJSP) has already held. That is why diligence in the notarial deed of facts and in identifying the abutting neighbors and rightsholders is not a mere formality — it is what shields the result. The point of this is simple: a registration obtained with transparency is a secure registration.

The most common (and costly) mistakes

• Confusing possession with ownership: occupying is not enough; the possession must be recognized through the right route and registered.

• Thinking that an "unrecorded private contract" already settles it: it is evidence of possession, but it does not transfer ownership without registration — and adverse possession is the path to that.

• Getting the type wrong and, as a result, asserting a period or requirements that do not apply to the case.

• Being unable to prove the possession for lack of old documents (bills, contracts, photos, witnesses).

• Trying to acquire public property by adverse possession — which is barred by the Constitution.

• Submitting a survey plan with no ART or with a description that does not match that of the abutting neighbors, stalling the procedure.

• Giving up on the extrajudicial route at the first obstacle: often the objection is unjustified, and there are paths (raising a query with the court) before resorting to litigation.

Checklist: what to gather before applying for adverse possession

• Determine how long and in what way the possession has been exercised (and whether the possession of predecessors can be tacked on).

• Identify the applicable type (and, therefore, the period and the requirements).

• Gather the evidence of possession: utility bills, IPTU, contracts, photos, statements from neighbors.

• Obtain the property's property record (matrícula) and the details of the abutting neighbors and of the registered owner.

• Arrange the survey plan and descriptive report with an ART from a qualified professional.

• Decide with the lawyer on the route (registry or courts) and prepare the notarial deed of facts.

Frequently asked questions about adverse possession in São Paulo

What is adverse possession and how does it work?

Adverse possession (usucapião) is the way of acquiring ownership of a property through prolonged, continuous and unopposed possession, for the period required by law (arts. 1,238 to 1,244 of the Brazilian Civil Code). It is an original acquisition: the possessor does not buy the property from anyone — the law itself recognizes ownership in whoever uses and cares for the property as an owner. Recognition may be judicial or at the registry, and ends with the registration of the property in the possessor's name.

How long must I possess a property to acquire it by adverse possession?

It depends on the type. It ranges from 2 years in family adverse possession (art. 1,240-A), through 5 years in the special urban and rural types and in the collective type, 10 years in the ordinary type (art. 1,242), and reaches 15 years in the extraordinary type (art. 1,238), which drops to 10 if there is habitual dwelling or productive works. Identifying the right type is what determines the time period applicable to your case.

Can adverse possession be done without going to court?

Yes. Since 2015 there has been extrajudicial adverse possession, done directly at the Real Estate Registry Office of the property's location (art. 216-A of Lei 6.015/1973), with a lawyer, a notarial deed of facts (ata notarial), and a survey plan signed by a qualified professional. Lei 13.465/2017 made the procedure viable by providing that silence from the owner and from the notified abutting neighbors counts as consent. If there is an objection, the case goes to the judicial route.

Do I need a lawyer for adverse possession?

Yes, in both routes. Art. 216-A of Lei 6.015/1973 requires the extrajudicial application to be made by a lawyer (or a public defender), and the judicial action also requires a lawyer. Beyond being a legal requirement, the lawyer is the one who identifies the right type, assembles the evidence of possession, and conducts the notifications — steps that, if done poorly, defeat the application.

Can I acquire by adverse possession a property that has a registered owner?

Yes. Adverse possession serves precisely to recognize ownership in whoever possesses the property as an owner while the registered titleholder remained inert. In the procedure, the owner is notified to respond; in the extrajudicial route, silence within the 15-day period is construed as consent (art. 216-A, paragraph 2, of Lei 6.015/1973, with Lei 13.465/2017). If the owner objects on substantive grounds, the case goes to court.

Can public property be acquired by adverse possession?

No. The Constitution is express: public property is not acquired by adverse possession (art. 183, paragraph 3, and art. 191, sole paragraph). This applies to property of the Federal Union, the states, and the municipalities. That is why, in the procedure, the public entities are notified — among other reasons, to rule out the possibility that the property is public.

Can I add the time of whoever lived in the property before me?

Yes. This is the tacking of possessions provided for in art. 1,243 of the Brazilian Civil Code: the possessor may add to their own possession that of the predecessor (for example, of whoever sold it to them informally or of a family member), provided that both are continuous and there is a link between them. Thus, 7 years of your own plus 10 of the former possessor can complete the 15 of the extraordinary type. This continuity must be proven with documents.

How much does an adverse possession cost in São Paulo?

The main costs are the registry fees (notarial deed of facts and registration, according to a schedule tiered by the property's value), the survey plan and descriptive report signed by an engineer or surveyor with an ART, and the lawyer's fees. Because it is an original acquisition, the ITBI (real estate transfer tax) of a sale and purchase does not apply. The amounts vary widely depending on the property and the complexity of the evidence of possession.

Is adverse possession useful to regularize property with no deed or bought through an unrecorded private contract?

Yes — it is one of the main ways to regularize this situation. Whoever bought through an unrecorded private contract (contrato de gaveta), received a property informally, or inherited without probate often has possession but not the registration. If there is just title (justo título) — a contract, an assignment — the ordinary adverse possession may have a shorter time period; without it, one resorts to the extraordinary type. The result is the property record (matrícula) in the possessor's name.

Where is extrajudicial adverse possession processed in São Paulo?

Extrajudicial adverse possession is processed at the Real Estate Registry Office of the jurisdiction in which the property is located, and the notarial deed of facts (ata notarial) is drawn up at a notary's office. If there is a substantiated objection from any interested party, the registrar refers the case to the competent court (in the state judiciary, the São Paulo Court of Justice (TJSP)). The survey plan must be signed by a qualified professional with an ART.

When should I seek a lawyer for adverse possession?

It is worth seeking one as soon as you realize you have been occupying, for years and as an owner, a property that is not registered in your name — or that you bought something that was never given a deed. The lawyer assesses whether there is enough time of possession, which type applies, whether the registry or the courts is the right route, and organizes the evidence (notarial deed of facts, survey plan, witnesses). Starting early avoids losing the possession or the documentation.

Turning possession into ownership is what unlocks the property

A large share of irregular properties in Brazil do not have a possession problem — they have a registration problem. Whoever has lived in, cared for, and invested in a property for years often simply lacks the document that proves, to everyone, that they are the owner. And it is this document that makes it possible to sell, finance, inherit, and rest easy.

Adverse possession is the bridge between reality (the possession) and the registry (the ownership). Well conducted — with the right type, organized evidence, and the appropriate route — it resolves in months a situation that, if ignored, may cost the sale of a property or turn into a family dispute. Knowing the path through the registries and the courts of São Paulo is what separates an application that succeeds from one that stalls.

At Falchet e Marques Sociedade de Advogados, a firm in São Paulo (Av. Paulista), we handle judicial and extrajudicial adverse possession and property title regularization — from the analysis of the possession and the property record to the notarial deed of facts, the survey plan, and the final registration. If you occupy a property without having it in your name, it is worth understanding which type applies before trying to sell or finance.

Talk to our team on WhatsApp: +55 11 95901-1854 — and find out whether your property can be regularized through adverse possession.