Impacts of Law No. 13,465/2017 on extrajudicial adverse possession: guarantees and risks

Abstract

This research aims to analyze how Law No. 13,465/2017 has contributed to the debureaucratization and acceleration of adverse possession procedures, particularly with the introduction of the possibility of extrajudicial recognition of possession. It also seeks to identify the risks and challenges that may arise from this procedural simplification. The aforementioned law represents a milestone in the effort to make access to land regularization faster and more accessible, by allowing adverse possession to be recognized directly at the notary office, without the need for judicial action. To this end, the bibliographic research method was employed, through a literature review in academic and legal databases, focusing on authors who address the extrajudicialization of adverse possession, land regularization, and the right to land. The research findings indicate that, although the law brings significant progress by facilitating administrative proceedings and expanding access to regularization, major obstacles remain. One of the main challenges identified is the requirement for the express consent of neighboring landowners, whose absence renders the extrajudicial procedure unfeasible, forcing the interested party to resort to the judiciary. Moreover, concerns about potential document fraud, the difficulty of proving peaceful, continuous, and uncontested possession, as well as existing land conflicts, raise doubts about the legal security of the process. It is concluded, therefore, that Law No. 13,465/2017 represents progress in the extrajudicialization of adverse possession, but its effectiveness depends on clear regulations, efficient oversight, and mechanisms that ensure the protection of third-party rights, preventing abuse and ensuring fairness in the recognition of possession.

Keywords: Extrajudicialization. Protection. Property. Adverse Possession.