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The lack of deed of a property is a common problem in Brazil, bringing challenges to owners who want to sell, transfer or finance the good. In this complete guide, we will explain the process of regularization of a property without deed, detailing each step required to ensure legal certainty and appreciation of heritage.
Reproduction
Understanding the situation of the property without deed
Before starting the regularization process, it is essential to understand the specific situation of the property, including the origin of possession and the existence of documents proving the transaction.
Origin of Possession
Possession of the property can be proven by documents such as:
- Purchase and sale contracts
- Payment receipts
- Declarations of possession
- Testimonies of neighbors or old owners
Importance of the purchase and sale contract
Properties with deed can be used as a guarantee for credit, as a where you give the property as a guarantee to purchase a sum of money. Even without registration with a notary, a purchase and sale agreement is critical to prove the negotiation of the property. He must contain detailed information about:
- Sellers and buyers
- Property Characteristics
- Form of payment
Step by step to regularize a property without deed
1. Gather necessary documents
To start regularization, it is essential to gather documentation that proves the possession of the property, such as:
- Contracts and Receipts
- Negative Debt Certificates
- Statements signed by witnesses
2. Seek advice from a specialized lawyer
A lawyer with experience in real estate law can guide the whole process and avoid legal problems.
3. Consult the Real Estate Registry Office
Check the situation of the property in the registry, analyzing:
- Existence of previous records
- Possible pending or debts
4. Choose the best path to regularization
Regularization can occur by different means, being the usucapion one of the most common.
Extrajudicial usucapion
It can be done directly at the registry, without the need for a lawsuit, provided that:
- The property was uninterrupted for 10 or 15 years
- There is documentation proving the possession
- The neighbors agree with the process
Judicial usucapion
When there is no consensus or possession needs to be proven in justice, it is necessary:
- File a lawsuit
- Present proofs of possession
- Go through hearings and wait for the judge’s decision
5. Formalize the public deed
After regularization via adverse possession or other processes, it is necessary to formalize the deed in a notary’s office.
6. Register the deed in the Real Estate Registry Office
The last step is to record the deed in the notary to ensure the legal validity of the property.
Tips for facilitating regularization
Consult an expert
A real estate lawyer can avoid errors and accelerate the process.
Organize all documents
Maintaining property documentation always updated helps in regularization.
Check the local standards
The rules may vary between states and municipalities, so it is essential to confer the legislation of the region.
Ask for information at the Registry
Real estate registry offices can provide detailed information on the necessary procedures.
Benefits of regularizing a property
Legal security
Avoid disputes and legal problems in the future.
Ease of sale and transfer
A regularized property can be negotiated without difficulties.
Access to financing
Properties with deed can be used as a guarantee for credit, as a LOAN WITH FAST PROPERTY GUARANTEE.
Valorization of Heritage
Regularized properties are more valued in the market.
Conclusion
Regularizing a property without deed is essential to guarantee legal certainty and appreciation. Following the correct steps and with specialized advice, it is possible to regularize the property efficiently, avoiding future complications.
