Adverse Possession Checker (Brazil)

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special urban adverse possession 5 years 250sqm requirements

Special urban adverse possession, 5 years (CF art. 183 / CC art. 1.240)

It is the fastest and cheapest way to regularize a small urban property: 5 years of possession, with no title or good faith required, as long as the area does not exceed 250sqm and the possessor owns no other property. The calculator pinpoints the exact date that term is completed.

The four requirements of Constitution art. 183

CF art. 183 and CC art. 1.240 require, simultaneously: an urban area up to 250sqm, peaceful possession for 5 uninterrupted years, use of the property for one's own or family housing, and no other property, urban or rural, in the possessor's name. Unlike other modalities, no title or good faith is required, and the benefit applies to anyone, not only native Brazilians.
When the current possession comes from a predecessor (informal purchase, inheritance, assignment), accessio possessionis (CC art. 1.243) allows adding the prior time to the current one, as long as the possessions are continuous with no gap. The calculator adds up those periods before counting the 5 years and flags when it detects a gap between one prior possession and the next in the chain, a sign that the required continuity may be compromised.
Once the requirements are met, special urban adverse possession can be pursued through two routes: judicial, with its own lawsuit, or extrajudicial, directly at the Real Estate Registry, with no court proceeding, as long as there is no dispute over the property (CPC art. 216-A, CNJ Provimento 65/2017). Both require a lawyer or public defender; the difference lies in the procedure and, generally, in the time until the title is registered in the possessor's name.

From the start of possession to the completion date

Possession started 03/01/2019, 120sqm property

Input: Início da posse 2019-03-01, 120m², moradia, sem outro imóvel
Expected output: Enquadrado; prazo de 5 anos completo em 2024-03-01

The count is always exactly 5 years from the start date; properties up to 250sqm do not have their term changed by size.

Own possession since 2022 added to a predecessor's since 2015

Input: Posse própria desde 2022-01-01 + posse anterior contínua de 2015-05-10 a 2022-01-01, 180m²
Expected output: Contagem retroage a 2015-05-10; prazo completo em 2020-05-10, já implementado

Adding possessions (CC art. 1.243) can move the completion date years earlier compared to counting only the current possession.

300sqm lot, above the limit

Input: Início da posse 2015-01-01, 300m², moradia, sem outro imóvel
Expected output: Não enquadrado: "Área máxima de 250m² (informado: 300m²)"

The time requirement would already be met, but the area excess alone disqualifies the special urban modality; in this case, only the 10- or 15-year extraordinary modality remains.

Full tool FAQ

Which adverse possession form has the shortest period?

Family abandonment adverse possession (CC art. 1.240-A): 2 years. However, it requires a spouse/partner who abandoned the home, area up to 250m², and no other property owned.

What does 'unchallenged possession' mean?

Is there adverse possession for rural areas over 50 hectares?

Can adverse possession be done without an attorney?

Can prior possessors' time be added together?

Can public property be adversely possessed?

What is the extrajudicial adverse possession procedure?

Frequently asked questions

Does special urban adverse possession require title or good faith?

No. Unlike the ordinary modality (CC art. 1.242, which requires both), the special urban modality under CF art. 183 waives title and good faith. All that is needed is 5 years of peaceful possession, the 250sqm limit, residential use, and no other property in the possessor's name.

Is the 250sqm limit for the lot or the building area?

It is for the urban property as a whole, as entered in this calculator, per the requirement in CF art. 183 and CC art. 1.240. A property above 250sqm falls outside special urban adverse possession even if the other requirements, possession time, residential use and no other property, are all met.

Can I use the extrajudicial route without a lawyer?

No. The extrajudicial route at the Real Estate Registry (CPC art. 216-A, CNJ Provimento 65/2017) also requires a lawyer or public defender, just like the judicial route. The difference between the two lies in the procedure, not in the requirement for legal assistance.

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special urban adverse possession 5 years 250sqm requirements

Special urban adverse possession, 5 years (CF art. 183 / CC art. 1.240)

The four requirements of Constitution art. 183

CF art. 183 and CC art. 1.240 require, simultaneously: an urban area up to 250sqm, peaceful possession for 5 uninterrupted years, use of the property for one's own or family housing, and no other property, urban or rural, in the possessor's name. Unlike other modalities, no title or good faith is required, and the benefit applies to anyone, not only native Brazilians.

When the current possession comes from a predecessor (informal purchase, inheritance, assignment), accessio possessionis (CC art. 1.243) allows adding the prior time to the current one, as long as the possessions are continuous with no gap. The calculator adds up those periods before counting the 5 years and flags when it detects a gap between one prior possession and the next in the chain, a sign that the required continuity may be compromised.

Once the requirements are met, special urban adverse possession can be pursued through two routes: judicial, with its own lawsuit, or extrajudicial, directly at the Real Estate Registry, with no court proceeding, as long as there is no dispute over the property (CPC art. 216-A, CNJ Provimento 65/2017). Both require a lawyer or public defender; the difference lies in the procedure and, generally, in the time until the title is registered in the possessor's name.

From the start of possession to the completion date

Possession started 03/01/2019, 120sqm property

Input: Início da posse 2019-03-01, 120m², moradia, sem outro imóvel
Expected output: Enquadrado; prazo de 5 anos completo em 2024-03-01

The count is always exactly 5 years from the start date; properties up to 250sqm do not have their term changed by size.

Own possession since 2022 added to a predecessor's since 2015

Input: Posse própria desde 2022-01-01 + posse anterior contínua de 2015-05-10 a 2022-01-01, 180m²
Expected output: Contagem retroage a 2015-05-10; prazo completo em 2020-05-10, já implementado

Adding possessions (CC art. 1.243) can move the completion date years earlier compared to counting only the current possession.

300sqm lot, above the limit

Input: Início da posse 2015-01-01, 300m², moradia, sem outro imóvel
Expected output: Não enquadrado: "Área máxima de 250m² (informado: 300m²)"

The time requirement would already be met, but the area excess alone disqualifies the special urban modality; in this case, only the 10- or 15-year extraordinary modality remains.

Full tool FAQ

Which adverse possession form has the shortest period?

Family abandonment adverse possession (CC art. 1.240-A): 2 years. However, it requires a spouse/partner who abandoned the home, area up to 250m², and no other property owned.

What does 'unchallenged possession' mean?

Is there adverse possession for rural areas over 50 hectares?

Can adverse possession be done without an attorney?

Can prior possessors' time be added together?

Can public property be adversely possessed?

What is the extrajudicial adverse possession procedure?

Frequently asked questions