Real Estate Law we take care of your property in Brazil.

It is an original acquisition of ownership through continuous possession as owner without opposition, for the statutory period and subject to the particular category’s conditions. Living somewhere for years is not sufficient by itself: the origin, quality, interruptions and evidence of possession matter. Public property cannot be acquired this way. Recognition can be sought in court or extrajudicially at the Land Registry.

Extraordinary usucapião requires 15 years, reduced to 10 for habitual residence or productive works or services. Ordinary usucapião requires 10 years, just title and good faith; reduction to 5 requires a purchase for value based on a registration later cancelled, plus residence or socially and economically relevant investment. Special urban usucapião requires 5 years, up to 250 m², a home and no other property. The rural category requires 5 years, up to 50 hectares, residence, productivity through personal or family work and no other property. The family category has a 2-year period and its own conditions. Time alone never suffices (Civil Code arts. 1,238–1,240-A and 1,242).

Yes, at the Land Registry for the property’s location, through counsel, with documents such as a notarial deed of facts, survey, descriptive plan, professional responsibility record and certificates. The notary supplies evidence, not recognition of ownership. Relevant right-holders and neighbors whose required signatures are missing are notified with 15 days to respond; silence counts as consent. Public notice and exemptions depend on statutory conditions. A justified objection goes to the competent court; an unjustified one may be rejected, subject to registry-review proceedings (Public Records Act art. 216-A). Registration still requires sufficient evidence.

Civil Code art. 1,240-A requires direct, exclusive possession for 2 uninterrupted years without opposition of an urban property up to 250 m² co-owned with a former spouse or partner who abandoned the home. It must be used as the possessor’s or family’s home, and the applicant must own no other urban or rural property; the benefit is available only once. Simply leaving the house is insufficient: abandonment requires assessment of possession, circumstances and family support, without allocating blame for the relationship’s end.

Assess construction recording (averbação), which adds the building to the registered description (Public Records Act art. 167, II, 4). Typically this involves municipal compliance, a completion or occupancy document, construction-tax requirements and an ART/RRT professional responsibility record as appropriate. CNO registration alone is not full tax regularization. Requirements and exemptions vary; missing recording can impede sale and financing without making every transaction legally impossible.

Rectification under Public Records Act arts. 212 and 213 can correct area, dimensions, boundaries or description, administratively or judicially. Requirements vary: changed dimensions may require a survey, descriptive plan, qualified professional and neighbors’ consent or notification, with statutory exemptions. Art. 214 concerns nullity, not the general correction procedure. Rectification cannot transfer a neighbor’s land; an ownership acquisition or dispute may require another route.

Fees depend on scope: a purchase review, title regularization, adverse possession and a possessory action involve different work. Falchet e Marques considers the OAB/SP fee-schedule parameters and provides a proposal after reviewing the matter. Court fees, registry charges, taxes and technical services should be itemized; prior review helps identify risk but cannot guarantee savings or results.

A lawyer is not mandatory for an ordinary property sale, but legal review can help identify risks. Counsel examines the property record and seller’s certificates, checks restrictions and disputes, reviews the contract and follows the transfer instrument and registration. The scope depends on the transaction; review cannot eliminate every risk of fraud, debt or litigation.

Yes. The practice covers construction recording, area correction, REURB, rural titling, judicial and extrajudicial usucapião, transfers and unregistered private purchase agreements. We organize documents and deal with registries and authorities or the courts where needed. The available route and registration depend on legal requirements, evidence and the competent authority’s decision.

We first discuss the need and examine documents and certificates, then define scope, strategy and a proposal. Work may involve registries, municipal or other authorities, or the courts, with updates to the client. Initial contact can be made through the firm’s WhatsApp.

The firm is at Av. Paulista, 2.421, São Paulo, and handles matters in the capital and surrounding region. Registration belongs to the Land Registry for the property’s location; municipal authorities and court jurisdiction depend on the matter and local rules. Individual steps are assessed case by case. Consultations can be in person or remote; proximity does not guarantee a timeframe.

Yes. In a sale between living parties, ownership transfers through registration of the title (Civil Code art. 1,245). A public deed is not always required: some private instruments qualify as title by law. An unregistered agreement may create contractual or possessory rights, but leaves risks to assess. We examine a deed or equivalent title and registration, compulsory adjudication or usucapião where its conditions apply; regularization is not automatic.