Extrajudicial adverse possession: a conflict-free procedure

Abstract

This study investigates extrajudicial adverse possession in Brazil, introduced by Article 1,071 of the Civil Procedure Code, which added Article 216-A to the Public Records Law. The research highlights the relevance of this legislative mechanism, which aims to streamline and make the recognition of property rights more efficient. The problem addressed is the following question: to what extent is extrajudicial adverse possession being utilized in the Districts of Catarinense North Plateau? Therefore, the general objective is to analyze the use of extrajudicial procedure in the judicial districts of Catarinense North Plateu. The study details the requirements for formalizing the extrajudicial adverse possession procedure. The inductive method was used through direct documentary research, with data collection from the Real Estate Registries of the Judicial Districts of Catarinense North Plateau, indicating the number of judicial and extrajudicial adverse possession records registered from the publication of CNJ Provision No. 65/2017 until the current year of 2024. The results indicate that although extrajudicial adverse possession has advanced, it still represents a smaller portion of the registrations compared to judicial ones. This empirical survey illustrates the impact and effectiveness of extrajudicial adverse possession in the Brazilian real estate context.