Free test · Initial orientation

Am I eligible for adverse possession? Find out now.

Answer objective questions about your possession and your evidence and get an instant initial orientation: whether you are probably, possibly or probably not eligible for usucapião in Brazil — and what to do next.

⚠ Not a substitute for a lawyerThis test is only an initial orientation. Neither a positive nor a negative result replaces a professional review of your documents — usucapião depends on details only a lawyer can assess.
Instant resultTwo parts: legal requirements (time and quality of possession) and strength of evidence. No sign-up, no cost.
Your answers, your resultThe test reflects only what you answer. Imprecise information leads to imprecise results — when in doubt, choose the more conservative option.
Part 1 · Legal requirements

About the property and your possession.

Is the property urban or rural?
How long have you been in possession of the property?
Count the total, uninterrupted time. In some cases, the possession time of whoever passed the property to you can be added — a lawyer assesses this.
Is your possession peaceful and uncontested?
Meaning: during all this time, the owner (or anyone else) never filed a lawsuit or took formal steps to reclaim the property.
Is your possession continuous, without interruptions?
You kept the property throughout the period, without abandoning it for long stretches or losing it to third parties.
Do you occupy the property as if you were the owner?
Without paying rent and without permission or loan (comodato) from the owner. Tenants, borrowers and caretakers do not possess as owners.
Is the property public (owned by the federal, state or municipal government)?
Public property cannot be acquired by adverse possession in Brazil, under any modality.
Do you live in the property (your or your family’s home)?
Living in the property shortens the required period in some modalities.
Is the urban lot up to 250 m²?
Relevant only for the special urban modality (5 years).
Do you own another registered property?
Owners of another property cannot use the special 5-year modality.
Part 2 · Evidence of possession

Documents and evidence you have today. Answer honestly — the result is for you.

Do you have a contract, receipt, probate record or any document about how you acquired the property?
Even an unregistered private contract counts as initial evidence.
Is the property tax (IPTU) in your name?
Do you have copies/payment receipts of the IPTU for recent years?
Are the utility bills (water, electricity, phone, internet) in your name?
Do you have copies of utility bills from past years?
Do you have photos of you/your family at the property over the years?
Is the property declared in your income tax return?
Do you have witnesses (neighbors, shopkeepers) that you have been there all this time?
Do you have receipts of renovations or improvements you made?
Do you have old mail addressed to you at the property?

Understand usucapião

Everything you need to know.

What is adverse possession (usucapião) in Brazil?

Usucapião is the legal way to acquire ownership of property through prolonged, continuous and uncontested possession for the periods set by law. Whoever meets the requirements can turn years of possession into a registered deed — through the courts or, when there is no dispute, directly at the Real Estate Registry (out-of-court usucapião).

What are the time requirements?

The main ones: extraordinary — 15 years, reduced to 10 if you live in the property or made significant improvements; ordinary — 10 years, reduced to 5 with just title and good faith in specific cases; special urban — 5 years for an urban property of up to 250 m² used as your home, if you own no other property; special rural — 5 years for rural land of up to 50 hectares made productive and used as a home; and family — 2 years over the share of an ex-spouse who abandoned the home, in properties up to 250 m².

What does “peaceful and uncontested possession” mean?

Possession exercised without serious challenge from the owner or third parties — no lawsuit or formal measure to reclaim the property during the period. Vague complaints are not enough to break it; a possessory or ownership lawsuit is.

What is possession “as owner” (animus domini)?

Occupying the property behaving as the owner: maintaining it, paying bills and taxes, without paying rent and without depending on the owner’s permission. Tenants, borrowers and caretakers do not possess as owners — time in those conditions does not count.

Can public property be acquired by adverse possession?

No. The Brazilian Constitution forbids usucapião of public property (federal, state or municipal), under any modality and for any length of time. For occupations on public land there are other paths, such as land-regularization programs (REURB).

Which documents prove possession?

The most used: contracts or receipts of the acquisition (even unregistered ones), IPTU tax bills in your name with payment receipts over the years, utility bills in your name, the property declared in your income tax return, dated photos, receipts of renovations, and witnesses (long-time neighbors). The more documents covering the whole period, the stronger the case.

Can usucapião be done at the registry office, without a lawsuit?

Yes. Out-of-court usucapião is processed at the Real Estate Registry, with a notarial certification (ata notarial), a survey plan signed by a licensed professional, and the consent of neighbors and the registered owner. It is the fastest route when there is no dispute — usually 6 to 18 months, against several years in court.

How long does it take and how much does it cost?

The out-of-court route usually takes 6 to 18 months; the court route, 2 to 5 years or more. Costs involve the notarial certification, survey plan, registry fees and possible court fees — they vary with the property value. Legal fees are quoted separately (a lawyer is mandatory on both routes).

Does this test replace a lawyer’s analysis?

No — under no circumstances. The test is an initial orientation based on your answers. Every usucapião case has particularities (chain of possession, adding predecessors’ time, documents, registry status, neighbors) that only a professional document review can assess. A negative result here does not mean there is no path — and a positive one does not waive the full review.