Rustic land without a known owner is once again in the spotlight in Portugal, in a country where many inherited plots remain without updated registration. The topic is especially relevant in the interior and rural areas, where small abandoned properties make territorial management difficult and increase risks associated with fires.
Rustic or mixed buildings without an identified owner can be provisionally registered in favor of the State. If, after 15 years, no legitimate owner claims and proves ownership, the registration may become definitive and the land becomes part of the State’s private domain, according to the portal.
What is at stake
Imagine a piece of land inherited from a grandfather, in a rural village, with woods, pine trees or little commercial value. The registration was never made, the inheritance was not fully resolved and, over the years, the property no longer has a clearly identified owner in official documents.
It is this type of situation that seeks to resolve it. The diploma created a procedure to identify, recognize and register rural or mixed properties without a known owner, using information available at the Balcão Único do Prédio (BUPi), at the head office, in the property registry and in other public databases.
The law considers that a building without a known owner may be at stake when there is no description in the land registry or registration in the matrix, or when the owner is not identified after the free period provided for in the simplified registration system.
How the process works
The procedure begins with the identification of the land by the Institute of Records and Notaries (IRN), based on the information available on BUPi. Data from the Tax Authority, local authorities, the General Directorate of the Territory and other public entities can also be used.
Once identified, the building is advertised for 180 days on the IRN website and BUPi. During this period, any interested party can express themselves and present elements that prove their connection with the land. The disclosure must also go through the municipality and the parish where the building is located, according to the source mentioned above.
If no one complains or if the complaint is considered unfounded, the land is recognized as a building with no known owner. At that time, the land registry service promotes provisional registration of acquisition in favor of the State, valid for 15 years.
Owner can still recover the land
The essential point is that this mechanism does not mean an immediate and definitive loss of property. During the 15 years of provisional registration, the legitimate owner can present proof of ownership and request the return of the property.
If this proof is accepted, the land returns to the owner. The law also provides for the State to deliver the amounts received from the management of the building, such as rent or other income, deducting expenses and necessary or useful improvements carried out during that period.
During these 15 years, the management of buildings without a known owner is the responsibility of Florestagal, a public company responsible for managing these lands for agricultural, forestry or silvopastoral purposes. The entity can lease or transfer the management of the property, but these contracts cannot exceed the legal term.
Importance of this matter
The measure is linked to the need to better understand who owns each lot, especially in areas marked by smallholdings. In many areas of the North and Center, rural property is very fragmented, with small plots that are difficult to manage profitably or effectively.
This reality has a direct impact on fire prevention, agricultural and forestry use and territorial planning, according to the same source. When there is no identified owner, it becomes more difficult to demand cleaning, plan interventions or hold someone responsible for abandoning the land.
The , published on April 15, revised the legal regime of the simplified registration information system and BUPi. Among the new features are the clarification of rules, new procedures and the extension of free access until September 30th this year for rural or mixed properties of up to 50 hectares.
Let the BUPI be registered as a custodian
BUPi helps owners of rustic and mixed land to identify, delimit and register their properties. One of the central steps is the Georeferenced Graphic Representation, which allows locating the land and defining its limits within the territory.
The Ministry of Justice confirmed that the identification and regularization of these properties, as well as the fees associated with the covered registrations, remain free until September 30th. The measure aims to facilitate the regularization of property without additional burden for owners.
Anyone who has inherited rustic land, which is rarely used or does not have up-to-date documentation, should check whether there is an inscription in the property matrix and a description at the Land Registry Office, according to Ekonomista. Registration with Finance may exist, but it does not replace, in itself, the land registry.
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