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Regularizing a Property Without Title Can Cost Between R$ 10 Thousand and R$ 15 Thousand and Take Months or Even Years, but It Is Essential: Without Registry, the Owner Is Never Legally Recognized, Even When Paying Property Tax.
The situation of having a property without title is more common than one might think in Brazil. Many believe that a simple informal contract or the mere payment of taxes like property tax is enough to prove ownership. However, as explained by the specialists from the law firm Marcello Benevides Advogados, only the registration at the Property Registry guarantees full and legal possession of the property.
Why Title Is Essential
According to Article 1.245 of the Civil Code, only those whose name is on the property registration are considered owners.
This means that without registration, the asset can be claimed by the true owner at any time. Furthermore, the absence of a title creates obstacles such as:
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- Legal Uncertainty, with the risk of losing the asset in legal disputes.
- Depreciation of the Property, as buyers and banks do not accept financing for irregular properties.
- Difficulties in Selling, as the lack of a title reduces the property’s attractiveness in the market.
In other words, without regularization, the owner lives in constant vulnerability.
Ways to Regularize a Property
There are different procedures to regularize a property without title, and the choice depends on the specific situation:
Adverse Possession: applicable when there is continuous and peaceful possession for a certain period, which can be judicial or extrajudicial.
Compulsory Purchase: used when the buyer has paid for the property, but the seller has not transferred the title.
Extrajudicial Procedure at the Registry Office: faster, but requires the presence of a lawyer and compliance with regulations such as Article 216-A of Law 6.015/73 and Provision 149/2023 of the CNJ.
Each modality has its own requirements, but all aim to ensure legal security and full recognition of ownership.
Average Costs of Regularization
Regularizing a property is not cheap, and costs vary according to the complexity of the case and the market value of the asset.
On average, costs include:
- Legal Fees: starting from R$ 2,000, which may increase depending on the process.
- Notarial Deed: between R$ 4,000 and R$ 6,000, potentially exceeding R$ 10 thousand for higher-value properties.
- Property Registry Fees: about R$ 3,000 to R$ 4,000.
- Plans and Descriptive Memorial (signed by an architect or engineer): R$ 2,000 to R$ 2,500.
- Certificates and Additional Documents: variable amounts, some free, others paid.
In total, the process can cost between R$ 10 thousand and R$ 15 thousand, and through the judicial route, although slower, it is possible to request legal aid.
Risk of Losing the Asset Without Regularization
Having a property without title means living under permanent risk.
Paying property tax does not guarantee ownership, and informal contracts have no validity against the official registration.
The registration at the registry office is the only proof of legal ownership, allowing one to sell, finance, inherit, or even be compensated in cases of expropriation.
Have you ever experienced a situation with a property without a title or know someone facing this dilemma? Do you think the costs of regularization are fair?
Leave your opinion in the comments — your experience could help others facing the same challenge.
Justo é o custo de uma escritura na PB custar em torno de 15mil e no DF custar em torno de 2500, será que isso é justo!!!!!