Can building a wall on a lot establish possession under Brazilian law?

Question from Jefferson, Can building a wall on a lot establish possession under Brazilian law?

Answer from AI:

In Brazil, the concept of possession is regulated by the Brazilian Civil Code (Código Civil Brasileiro). According to the law, possession can be established through the exercise of power over a property, with the intention of owning it. However, simply building a wall on a lot may not be enough to claim possession. There are other factors and requirements to consider.

Requirements for establishing possession

Under Brazilian law, possession can be acquired through different means, such as occupation, accession, or tradition. In the case of building a wall on a lot, the relevant means would be occupation. To establish possession through occupation, the following requirements must be met:

1. Animus Domini: The person must have the intention to act as the owner of the property.
2. Corpus: The person must exercise effective control over the property, such as living on it or using it for a specific purpose.

Building a wall on a lot may demonstrate the intention to act as the owner (animus domini), but it may not be enough to show effective control (corpus) over the property.

Adverse possession

In some cases, a person may acquire ownership of a property through adverse possession (usucapião), which is also regulated by the Brazilian Civil Code. Adverse possession requires the following conditions:

1. Continuous and uninterrupted possession: The person must have possessed the property for a certain period, depending on the type of adverse possession claimed.
2. Peaceful possession: The possession must be without opposition or disputes.
3. Public possession: The possession must be open and notorious, not hidden or clandestine.
4. Animus Domini: The person must have the intention to act as the owner of the property.

Building a wall on a lot may contribute to establishing adverse possession, but it would still be necessary to meet the other requirements, including the required period of possession.

Seeking legal advice

Determining whether building a wall on a lot is enough to establish possession under Brazilian law depends on the specific circumstances of the case. It is recommended that individuals consult with a legal professional for personalized advice and guidance on their situation.

In conclusion, building a wall on a lot may not be sufficient to claim possession under Brazilian law. Other factors and requirements must be considered, such as exercising effective control over the property and meeting the conditions for adverse possession. To better understand the legal implications of their actions, individuals should seek the advice of a legal professional.