Residential Law

WHAT IS USUCAPTION AND HOW DOES IT WORK?

24 de September de 2021

In some neighborhoods, or even within some cities, properties are not always regulated correctly – as none of the residents possess a property title registered with the RGI (General Property Registry).  Generally, it’s only with particular documents such as locked contracts or when all properties are owned.  Possession is recognized by the courts, however, with less value than the property.

Frequently there are people who occupy these properties for years uninterrupted by the eventual owner, having been unable to sell the property for the market value – neither able to sell or finance exactly as per the documentation, not being regulated.  In this situation, there is an increase in known usucaption (i.e. that there is nothing more within the legal framework to secure ownership by exercising possession for a period within the law).

Usucaption can be possible for a period of 15, 10, 5 or even just 2 years – if being necessary while seeking a specialist lawyer who focuses on a specific theme – analyzing sufficiently each case, to avoid any major problems at the time of requiring usucaption.

Today even, usucaption can be used without judicial process – or in other words, in a extrajudicial notary without necessitating a visit to the courts.  This is infinitely more simple, affordable and rapid.

Any further questions regarding usucaption, property and ownership?

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