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New Rule of the Minas Gerais Court of Justice Created an Accelerated Rite for Extrajudicial Usucaption, with Defined Deadlines, Electronic Communication, and Cost Savings, Making the Process Faster for Those Who Want to Legalize Properties.
The Court of Justice of Minas Gerais published Joint Provision 142/2025 and updated the Code of Norms for notaries.
The change created an accelerated rite for extrajudicial usucaption, with analysis in up to 10 business days, exclusively electronic notices, and communications via e-mail to the attorney.
The request is now accepted directly at the Real Estate Registry, without the need for judicial proceedings when there is no conflict.
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What Changed in the Procedure
The first advance is at the entry point. Now the application can be made directly to the notary of the jurisdiction of the property, as specified in Article 1,157 of the Minas Gerais Code of Norms.
The rule reaffirms the extrajudicial route provided for in Article 216-A of the Public Registry Law and clarifies doubts about the admissibility of the application at the registry counter. The publicity format has also changed.
Notices will no longer be published in newspapers and will instead be published on the electronic platform of the Real Estate Registry, which maintains an archive and record of the documents.
This reduces the cost of dissemination, which was previously tied to publication in large newspapers. Article 1,159 dispenses with publication in printed media, consolidating the digital model. The contact between the notary and the interested party has been standardized.
All notifications must be sent by e-mail to the attorney or public defender, with a minimum deadline of 10 business days to meet requirements.
If the deadline expires without justification, the official renews the notice — also by e-mail — and sets a preclusive deadline of 10 business days, with a warning of closure for negligence and cancellation of the prenotation.
All of this is described in Article 1,160, main section and § 2. In addition, the Provision established milestones for speed.
The registrar has up to 10 business days to analyze the initial request and documents, and the same deadline to carry out any necessary diligences.
The deadlines are in §§ 4 and 5 of Article 1,160. Another relevant adjustment is the rationalization of documents.
For qualification purposes, only the civil registry certificates from the first instance state and federal are required, reducing the number of certificates typically requested. § 5 of Article 1,157 sets this limit.
Who Can Benefit
Cases of exclusive possession after leaving the home tend to proceed more quickly.
By combining the requirements of Article 1,240-A of the Civil Code (family usucaption) with the extrajudicial rite, the possessor can, in theory, obtain the definitive deed right after completing the legal possession period, as long as there is no opposition and the documentation is regular.
Residents of old subdivisions still without registration also gain momentum in.
By transferring communications to the electronic medium and shortening stages, the land regularization of consolidated nuclei tends to reduce indirect costs and the queue for notarial proceedings, especially where there is collective mobilization.
In informal inventories, when heirs only hold possession and there is consensus, the extrajudicial route avoids unnecessary litigation.
In these scenarios, the registrar’s technical analysis, with defined deadlines, offers predictability that previously varied according to internal routines.
How to Request at the Notary
The starting point is the minimum documentation.
The Provision maintains the requirement for a plan and descriptive report prepared by a qualified professional and restricts the certificates to the aforementioned civil duo.
This makes the formation of the file more objective, without bypassing legal requirements regarding time, intent of ownership, and possessory chain.
Then, the interested party files the request at the competent Real Estate Registry, which conducts a pre-analysis in up to 10 business days.
If there are requirements, the notary notifies by e-mail the attorney or defender for the necessary adjustments, with minimum deadlines of 10 business days.
If there are pending issues without justification, a preclusive deadline opens, with the possibility of closure and cancellation of the prenotation, as stated in § 2 of Article 1,160.
Once the requirements are met, the notice is published electronically.
If there is no opposition within the legal timeframe, the official registers the recognition of the usucaption and updates the registration directly in the name of the usucapiente, without the need for judicial approval.
In the case of unfounded opposition, the registrar may reject it outright and continue with the procedure, unless the opposing party raises doubt within 10 business days, as provided by Article 1,161-A.
What Does Not Change and the Limits of the New Rite
The update does not change the legal requirements for usucaption.
Qualified possession, the time specified by law, and the absence of valid contestation remain essential.
Public properties remain immune to usucaption, and contentious situations may be referred to the Judiciary, including by raising doubts.
There are known restrictions.
Properties with fiduciary alienation — common in real estate financing — generally do not submit to usucaption, according to the guidance of the Superior Court of Justice, which excludes the acquisition by usucaption of properties linked to the SFH, such as those belonging to Caixa Econômica Federal.
Another essential point is the cost.
The elimination of the newspaper requirement removes a significant expense, but does not eliminate fees and charges due for registration acts.
The Code of Norms itself refers the charge to the State Law 15,424/2004, applicable to Real Estate Registry services.
In summary, the rite has become simpler and without the newspaper cost, but the fees remain governed by state legislation.
Voices from the Sector
For attorney and registrar Patrícia Contijo, the removal of the newspaper publication requirement “eliminates an expense that weighed heavily on low-income families.”
Professor Martim Braga from UFMG notes that the 10 business days for analysis “places Minas among the fastest procedures in the country, setting a model effect for other courts.”
The statements were made to the report based on Provision 142/2025.
Expected Impact
The combination of direct entry into the notary, 100% digital communication, and defined deadlines tends to reduce the burden on the judicial system and provide predictability for those seeking to regularize their housing.
Meanwhile, the registration ecosystem maintains technical control of the procedure and the public archive of publications, reinforcing the legal security of the acts.
The national platform for electronic notices of the Real Estate Registry is already operating this dissemination in a centralized environment, aligned with the rules of the new Code of Norms.
With the changes in effect in Minas Gerais, do you intend to start the regularization of your property through the extrajudicial rite, or do you still have doubts about the necessary documentation to take the first step?
Moro 26 anos em um apartamento que nunca foi financiado pela caixa econômica federal, não existe registro posso registrar em meu nome
Informação equivocada, a usucapião extrajudicial antes de ser analisada pelo Cartório de registro de imóveis precisa primeiro passar pelo cartório de notas… Não é tão simples, tão rápido e tão barato quando fizeram parecer.
Preciso sim regularizar o meu