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Administrative Procedures in Real Estate Law: Extrajudicial Matters in Focus

September 19, 2025

Have you ever heard of extrajudicial adverse possession, compulsory adjudication in a notary's office, or even extrajudicial eviction? These terms may seem complex at first glance, but they represent a clear movement towards... dejudicialization of Real Estate Law — that is, the search for faster, more economical and efficient solutions outside of the Judiciary. 

THE extrajudicial adverse possession, For example, this was a major advancement brought about by Law No. 13.105/2015 (New CPC), regulated by Article 216-A of the Public Registry Law and detailed by CNJ Provision 65. Instead of facing a lengthy and often costly court process, citizens who meet the legal requirements can regularize property ownership directly at the registry office. This applies to both urban and rural properties, provided there is peaceful, continuous possession with just title or intent to own. 

Another procedure that has gained prominence is... compulsory extrajudicial adjudication, This is provided for in Article 216-B of the same Public Registry Law, inserted by Law No. 14,382/2022. You know that situation where you bought a property, paid everything correctly, but the seller disappeared or refuses to sign the final deed? Now it's possible to resolve this directly at the registry office, without needing to file a lawsuit. Provision 150/2023 of the CNJ (National Council of Justice) standardized the procedure and brought more security to all involved. 

And there's more news coming soon: the extrajudicial eviction. A bill (PL 3.999/2020) has already been approved by the Constitution and Justice Committee of the Chamber of Deputies and aims to allow landlords to reclaim rented properties more quickly in cases of default, also through extrajudicial means. The proposal is still under discussion, but it already signals a clear trend towards modernization and efficiency in the rental relationship. 

These measures reflect a new perspective on property regularization: more accessible, fast and less expensive For owners, landlords, and occupants who wish to resolve disputes safely, the out-of-court route is gaining traction as a viable and reliable alternative, provided it is properly guided by a specialized lawyer. 

If you own a property with outstanding paperwork or are experiencing difficulties with a rental agreement, it might be time to think "outside the courtroom." Speak with a trusted lawyer and see if one of these administrative procedures could be the quickest way to a solution. 

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Leonardo Neri Candido de Azevedo

+55 11 3090-9195

Rafael Mello

+55 11 3090-9195

Vitor Antony Ferrari

+55 11 3090-9195

Ivan Kubala

+55 11 3090-9195

This communication, which we believe may be of interest to our customers and friends of the company, is intended for general information only. It is not a complete analysis of the matters presented and should not be considered legal advice. In some jurisdictions, this may be considered lawyer advertising. Please see the company's privacy notice for more details.

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