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New Proposal Transforms Extrajudicial Adverse Possession into the Rule, Accepts Neighbors’ Silence as Consent, and Expands Modalities That Can Be Regularized Without a Judge.
The 2025 Civil Code reform brings significant changes to the way properties are regularized through adverse possession. The goal is to make the extrajudicial procedure, carried out in a notary office, the main rule, leaving the Judiciary only for conflict cases. For attorney Ísis Souza Araújo, a specialist in real estate law, this is a milestone that can democratize access to land regularization in Brazil.
Among the most relevant changes are the reduction of required documents, the interpretation that the silence of notified neighbors will be considered consent, and the possibility for new modalities of adverse possession to be registered directly at the notary office.
In practice, the process promises to be faster, cheaper, and more accessible, benefiting thousands of families living in properties without deeds.
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What Changes in Adverse Possession with the 2025 Civil Code Reform?
According to Ísis Souza Araújo, today extrajudicial adverse possession still faces barriers.
Although it has been provided for since 2015, many notary offices require an extensive list of documents and, in the absence of responses from neighbors, refer the case to the Judiciary.
The 2025 Civil Code reform seeks to correct this issue by simplifying the process.
The project stipulates that plans and descriptive memorials will no longer be indispensable in all cases, prioritizing the social function of possession rather than formal obstacles.
Furthermore, when neighbors do not respond to the notification, silence will be understood as consent, avoiding delays and additional costs.
The measure, according to the attorney, should significantly reduce the number of cases that still burden the Judiciary.
Which Modalities Will Be Accepted at the Notary Office?
Currently, extrajudicial adverse possession is applied only in simpler situations, such as ordinary and extraordinary adverse possession.
The 2025 Civil Code reform expands this possibility: it will be allowed to register at the notary office family adverse possession, when a spouse abandons the home, and special urban adverse possession, for properties of up to 250 m² intended for housing.
In the view of Ísis Souza Araújo, this change ensures greater legal security for common situations in the country.
Families living for years in urban areas without deeds will finally be able to regularize ownership without relying on a judicial process, which can take years to conclude.
What Is the Economic and Social Impact of the Changes?
According to the specialist, the effects are broad: cost reduction, appreciation of properties, and easier access to credit and financing.
A regularized property can be sold more easily, used as bank collateral, or passed on as an inheritance with greater security.
At the same time, the notary process tends to be faster and less burdensome than judicial actions.
Another relevant point is the impact on the Judiciary.
Today, thousands of adverse possession actions are pending in civil courts across the country, many of which are stalled due to formal details.
With the 2025 Civil Code reform, notary offices will play a more active role, including being able to notify neighbors and conduct diligences, which should significantly lighten the procedural load.
Is the Role of the Attorney Still Mandatory?
Yes. Even with the simplification, the application for extrajudicial adverse possession can only be made with the signature of an attorney.
They are responsible for gathering documents, conducting notifications, and monitoring progress at the notary office.
For Ísis Souza Araújo, this requirement ensures that the process is carried out with technical backing, avoiding nullities and providing greater security for all parties involved.
Is It Worth Regularizing Through the Extrajudicial Route?
The answer, according to the attorney, is yes. Those who have occupied a property for years and meet the legal requirements stand to gain a lot from adverse possession at the notary office.
In addition to speed, regularization provides access to rights that were previously restricted to those with deeds, such as the possibility to register the house in the names of heirs, sell legally, or even receive compensation in case of expropriation.
With the 2025 Civil Code reform, this path becomes not only an alternative but the primary way to resolve situations that were previously pushed to the Judiciary, involving high costs and long timelines.
The 2025 Civil Code reform promises to transform extrajudicial adverse possession into a practical and accessible solution for millions of Brazilians.
By simplifying procedures, reducing bureaucracy, and valuing the social function of possession, the measure can structurally change the way property is regularized in the country.
For experts like Ísis Souza Araújo, this is a historic opportunity to bring legal security and inclusion for families who have always lived on the margins of formality.
And you, do you agree with this change? Do you believe that the silence of neighbors should indeed be interpreted as consent? Or do you fear that this will bring legal insecurity? Share your opinion in the comments — we want to hear from those who live this reality in practice.
Ficaria tudo bem mais fácil
Vivenciando à mais de 60 anos, a área imobliiaria, “constatando que cada Cartório de Registro de Imóveis”, interpreta a Usucapião Administrativa a seu modo, chegando alguns, a RECUSAR realiza-lo.
Quanto ao silencio dos vizinhos, ela também ocorre por Edital, o que julgo não causará nenhum prejuizo. Dito isto, vejo que é salutar essa regularização pelo Codigo Civil.
Só espero que as Normas das Corregedorias estaduais, não tragam dubiedades ou entraves para a implementação do Código Civil.
Meu irmão viveu junto com uma mulher que por sua vez já tinha 3 filhos,ele já possuía uma casa,e depois o govero derrubou e deu a ele uma casa nova,no ano de 2007,essa mesma mulher,abandonou a casa e foi viver com outro homem,em 2015 ela retornou e pediu pra meu irmão dividir a casa e meu irmão com piedade dela e das 3 crianças,resolveu acatar o pedido,,foi a pior ideia,pois em 2019o meu irmão Faleceu e a mesma resolveu tomar a outra parte da casa e disse que o filho ,frutto do relacionamento deles não tinha direito a herança, até hoje meu sobrinho luta pela herança deixada pelo pai,e Mãe entrou com o recurso de usocapião,porém não aprovo,meu irmão lutou pra ter essa casa e minha mãe ajudou o meu irmão a comprar,mesmo assim depois de ter abandonado a casa,ter arranjado outra pessoa e contrair novo matrimônio essa mulher quer a casa toda e diz que o próprio filho não tem direito a nada😞😭.