Tipos de USUCAPIÃO 🤔🏠 - Extraordinária - Ordinária - Especial Urbana - Especial Rural - Familiar

Summary

This video explains usucaption (adverse possession), a legal way of acquiring property through continuous possession under specific conditions. The video covers different types of usucaption, such as extraordinary, ordinary, special urban, rural, and family usucaption. It also provides strategies on how to avoid usucaption, including proper management of property, taking legal action against tenants who stop paying rent, and filing for property division in case of family disputes. The video emphasizes the importance of understanding property rights and taking preventive measures to protect one's assets.

Takeaways

• 😀 Usucaption is a way to acquire property through continuous and exclusive possession, provided legal requirements are met.
• 😀 If a property is abandoned or not fulfilling its social function, it may be subject to usucaption by someone who possesses it.
• 😀 Extraordinary usucaption requires 15 years of uninterrupted possession with no opposition from the owner.
• 😀 Ordinary usucaption can be claimed after 10 years of possession with a fair title and good faith, potentially reduced to 5 years with proof of payment or improvements.
• 😀 Special urban usucaption applies to properties up to 250 m² with residential use for at least 5 years, without needing fair title or good faith.
• 😀 Special rural usucaption applies to properties in rural areas of up to 50 hectares, requiring the land to be productive or used as a home.
• 😀 Family usucaption occurs when a spouse abandons the home for more than 2 years without support, allowing the other spouse to claim the property.
• 😀 To avoid family usucaption, spouses should file for divorce and property division as soon as possible if one leaves the home.
• 😀 Usucaption can also occur on leased or loaned properties if the landlord neglects the tenant’s non-payment or fails to reclaim the property.
• 😀 To avoid losing a loaned property to usucaption, property owners should establish a loan agreement with a clear deadline and renew it as necessary.
• 😀 Heirs can claim usucaption on inherited property if they have exclusive, uninterrupted possession, but must prove no opposition from other heirs.

Q & A

What is usucaption and how is it defined?

Usucaption is a legal method of acquiring property through continuous, exclusive possession as long as legal requirements are met, including deadlines set by law. It is based on the social function of property, meaning if a property is not fulfilling its social function, someone else may be able to claim it through usucaption.

What does the 'social function of property' mean in the context of usucaption?

The 'social function of property' means that a property must be used in a way that benefits society. If the property is abandoned or not being used for its intended purpose, someone else may acquire it through usucaption.

What is the difference between extraordinary and ordinary usucaption?

Extraordinary usucaption requires uninterrupted possession for 15 years without opposition from the owner, whereas ordinary usucaption requires a fair title, good faith, and uninterrupted possession for 10 years. The term for extraordinary usucaption can be reduced to 10 years under certain conditions, while the term for ordinary usucaption can be reduced to 5 years.

What is the significance of a 'fair title' in ordinary usucaption?

A 'fair title' refers to a document that the owner believed was sufficient to transfer property ownership but was not. In ordinary usucaption, the possessor must have good faith, meaning they were unaware of the irregularity when acquiring the property.

What are the requirements for special urban usucaption?

Special urban usucaption requires uninterrupted possession of urban property for 5 years, with the property being used for residential purposes. The possessor must not own any other urban or rural property, and the property size must not exceed 250 square meters.

How does special rural usucaption differ from special urban usucaption?

Special rural usucaption requires uninterrupted possession for 5 years of a rural property of no more than 50 hectares, with the property being used either for residential purposes or to make the land productive. The possessor cannot own any other urban or rural property.

What are the conditions for family usucaption?

Family usucaption can occur when a spouse abandons the family for more than 2 years without providing emotional or financial support, and the property is used by the remaining spouse for residential purposes. The property must be common to both spouses and cannot exceed 250 square meters.

How can someone avoid family usucaption if they are leaving home?

To avoid family usucaption, the spouse who is leaving should file for divorce and request the division of property. They should continue to provide support and maintain contact with the family to prevent the other spouse from claiming usucaption.

Can leased properties be subject to usucaption?

Leased properties are generally not subject to usucaption as long as the relationship remains a lease. However, if the tenant stops paying rent and the landlord takes no action, the lease may effectively end, and the tenant could acquire the property through usucaption.

How can property owners prevent usucaption by tenants?

Property owners can prevent usucaption by issuing an extrajudicial notification to tenants who stop paying rent and initiating eviction actions in court to resolve the issue promptly.