Usucaption is a legal instrument that allows you to acquire ownership of a property through prolonged and continuous possession, provided that certain legal requirements are met. In simple terms, if you occupy a property peacefully and uninterruptedly for a certain period of time, you may be entitled to become the legal owner of that property.

There are different types of usucaption, the most common being:

1. Ordinary Usucaption : Requires continuous and peaceful possession for 10 years, which may be reduced to 5 years if the possessor has established his residence on the property and there is a just title.

2. Extraordinary Usucaption : Allows the acquisition of property after 15 years of possession, regardless of title or good faith, and may be reduced to 10 years if the possessor has established his residence on the site.

3. Special Urban Usucaption : Intended for urban properties, it requires 5 years of possession, with an area not exceeding 250 m² and which the possessor uses for his/her residence.

4. Special Rural Usucaption : Applicable to rural properties, requires 5 years of possession, with an area not exceeding 50 hectares, and which the possessor uses for his/her residence and production.

Advantages of Usucapion

Regularizing the possession of a property through adverse possession brings several financial and legal advantages. Among them:

- Legal Security: By becoming the legal owner, you avoid future conflicts over ownership of the property.
- Property Value Increase: Regularization can increase the value of your property, facilitating future transactions.
- Ease of Financing: Regularized properties are more easily accepted for financing and loans.
- Full Rights: With usucaption, you obtain all the rights of an owner, such as selling, renting or transferring the property.

If you own a property that has been in your possession for some time, consider adverse possession as a viable solution to regularize your situation. Count on us to better understand the process and ensure that your rights are respected. We are experts in Property Regularization.