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Anyone who lives in the countryside for more than 5 years can buy their own home without paying anything for the land
Residents of rural and urban areas of up to 250 m² have the chance to own their own home without the cost of the land, thanks to the usucaption mechanism, provided for in the Civil Code. The opportunity is available to those who meet the requirements of continuous and peaceful possession, providing a legal way to regularize properties.
Do you want to own your own home? Usucaption could be the way to go!
Imagine living in a property for five years and suddenly receive a letter saying: “Congratulations, the land is now yours!” It may seem like an exaggeration, but this is the reality for many people who use adverse possession to obtain their dream home.. The process, provided for by law, allows residents who have been in possession of a property for a certain period, without interruptions and peacefully, to request recognition of ownership. And the best part: without having to pay for the land!
How usucaption guarantees home ownership
Usucaption is a judicial or extrajudicial process that allows the legal acquisition of a property, provided that the possessor meets the specific requirements of each modality. There are different types of usucaption, each with its own rules and possession terms.
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For those looking to own their own home, special urban or rural usucaption is one of the most accessible options. The first applies to urban properties of up to 250 m², where the possessor must have continuous possession for five years. Rural usucaption requires that the person occupy the property for a period of five years, as long as the area does not exceed 50 hectares and is used for housing or production.
Other forms of usucaption, as the ordinary and the extraordinary, require longer periods of possession, ranging from 10 to 15 years, depending on the type. The important thing is that, in all cases, possession must be continuous, peaceful and uncontested.
Essential requirements for obtaining your own home through adverse possession
Acquiring your own home through adverse possession requires meeting certain criteria. In addition to the length of possession, the interested party must prove that the occupation was uninterrupted and peaceful. In other words, the resident must demonstrate that he/she used the property as if he/she were the owner, without there being any disputes or questions about ownership.
Another crucial point is to gather documents that prove ownership, such as water and electricity bills, and other proof of residence. These items will be essential in the usucaption process, whether it is done judicially or extrajudicially.
Property regularization: what to expect?
To formalize your own home via usucaption, The possessor must contact a lawyer and file the request in court or at a notary's office, in the case of extrajudicial usucaption. If everything is correct, the judge or notary will issue a ruling recognizing the ownership, which will be registered at the notary's office.
With adverse possession, many Brazilians have been able to realize their dream of owning a home, without having to pay the cost of the land. This process also offers legal security to those who have occupied a property for years, but have not yet regularized their ownership.
Usucapion: a mechanism of inclusion
Usucaption is more than just a legal tool. It becomes a mechanism for inclusion, especially for low-income populations and residents of the countryside, who often occupy land without proper documentation. With the possibility of acquiring one's own home without the cost of the land, this process is consolidated as an opportunity for dignity and citizenship.
Thus, who lives in rural or urban areas, occupying the same land for more than five years, may be closer than you think to owning your own home.
Now that you know that it is possible to acquire your own home through adverse possession, do you think this process is fair for everyone involved, including the previous owners? Share your opinion in the comments!
