The effectiveness of extrajudicial adverse possession: challenges and prospects within the property registration system

Abstract

This article aims to analyze the effectiveness of extrajudicial adverse possession (usucapião) as a land regularization instrument in Brazil, highlighting its main challenges and opportunities within the real estate registration system. Extrajudicial adverse possession, introduced by Article 216-A of the Public Records Law through the 2015 Civil Procedure Code, represents a significant innovation in the field of property law by allowing ownership acquisition to occur swiftly and with fewer bureaucratic hurdles, directly through notary offices, without the need for judicial proceedings. The research adopts a qualitative approach, exploratory and descriptive in nature, based on bibliographic review and documentary analysis, with an emphasis on the legal, social, and administrative aspects of the mechanism. Extrajudicial adverse possession contributes to the realization of social rights, such as the right to housing and the social function of property, promoting the resolution of land disputes and the organization of urban spaces. However, its implementation faces obstacles such as the inertia of some notary offices, the complexity of required documentation, and the lack of training of involved professionals. Among the opportunities are the expansion of notarial practices, the use of technology for authentication and registration, and awareness campaigns that foster legal certainty and access to formal property. It is concluded that, despite the hurdles, extrajudicial adverse possession is a promising tool for real estate regularization, requiring investments in infrastructure, technical training, and public policies aimed at reducing judicial intervention in land conflicts. The study reaffirms the relevance of the mechanism for consolidating property rights in Brazil, reinforcing its role in promoting social justice and democratizing access to land.