According to what can be inferred from the aforementioned legal provisions, real rights are only acquired from the transfer of the property to the Property Registry Office.

According to the national legislation, specifically the Civil Code , in its article 1.228, an owner is understood to be the one who can use, enjoy and dispose of the good, which also attracts the right to recover it from whoever unjustly holds it. Property is characterized as a real right, however, according to the reality of our country, real estate informality, that is, the absence of registration, proves to be quite significant, which stems from the most varied situations.

Because, in many cases, acquirers fail to transfer of property act due to mere lack of knowledge of the provisions contained in articles 1227 and 1245 of the Civil Code, which thus provide.

 1 Until the transferable title is registered, the transferor continues to be considered as the owner of the property.

§ 2 Until the invalidity of the registration is decreed, and the respective cancellation, through its own action, the acquirer continues to be considered as the owner of the property.

According to what can be inferred from the aforementioned legal provisions, real rights are only acquired from the transfer of the property to the Property Registry Office.

However, despite the lack of knowledge of a large portion of the population regarding the indispensability of registration, one cannot overlook the fact that in many cases there is no interest in its realization, as there are debts in the name of the buyer that could invariably trigger the loss of the asset that, from then on, becomes part of the debtor’s assets upon the transfer of ownership.

There are, on the other hand, situations that prevent the transfer of the property due to the lack of fulfillment of the legal requirements, often because the title does not present the necessary conditions for registration, such as, for example, when the business has to be concluded through public deed, pursuant to article 108 of the Civil Code and has been entered into through a private purchase and sale instrument.

However, in situations where there is a title that is not subject to registration due to the lack of fulfillment of legal requirements, the legal system presents adverse possession as one of the solutions to regularize the property, when the possessor may, in accordance with article 1.241 of the Civil Code, request the judge to declare the ownership of the property acquired, through adverse possession, and the declaration obtained in court will constitute a legal title for registration in the Real Estate Registry Office, according to the exegesis of the sole paragraph of the aforementioned article.

In the case of a purchase and sale instrument, the STJ¹ recently reaffirmed that the lack of registration of the purchase and sale commitment is not enough to mischaracterize the just title, which in casu consisted of the necessary requirement for the recognition of adverse possession, according to it is observed from the jurisprudence.

SPECIAL RESOURCE. CIVIL RIGHT. CLAIMING ACTION. RURAL PROPERTY. ORDINARY USUCAPION. FAIR TITLE. SELLING AND BUYING COMITTMENT. RECORD. UNNECESSARY. ACQUISITIVE PRESCRIPTION. INTERRUPTION. IMPOSSIBILITY. OCCURRENCE BULLETIN. IMMISSION ACTION IN POSSESSION. THIRD. QUOTE. FRUSTRATED. EXTINCTION WITHOUT RESOLUTION OF THE MERITS. 1. Special appeal filed against judgment published under the Civil Procedure Code of 1973 (Administrative Statements Nos. 2 and 3/STJ). 2. The lack of registration of the purchase and sale commitment is not enough to mischaracterize the just title as a necessary requirement for the recognition of ordinary adverse possession. 3. Interruption of the acquisitive limitation period is only possible in the event that the owner of the usucapie property manages to regain possession for himself. Precedent. 4. The mere drawing up of an incident report, on the initiative of someone who declares himself to be the owner of the disputed property, is not capable of, by itself, interrupting the acquisitive prescription. 5. Special feature provided.

Still within the premise of the importance of registration, in order to obtain ownership of the property, it is worth noting that as soon as ownership of the property is declared through the usucapion action, it will be up to the possessor to appear at the Registry of the circumscription of the property so that the registration takes place , since, according to the precept of the second paragraph of article 1,245 of the Civil Code “until the transferable title is registered, the transferor continues to be considered as the owner of the property”.

From this perspective, despite the declaration of acquisition of property by the Judiciary, there is still no legal certainty necessary for the owner, since, according to SCAVONE JUNIOR, while the registration is not carried out, nothing prevents the holder from of the property transfers this right to another, since he will be able to extract a copy of the registration where he still appears as the owner and, in this sense, transfer the property to a third party, considering that the necessary publicity that would result from the registration was not conferred, which would make the right to be enforceable right inscribed therein.

It never hurts to remember that under Brazilian law, the mere conclusion of the contract for the purchase and sale of the property, or the drawing up of a public deed by a notary, do not lend themselves to transferring the domain, and registration is mandatory for the purpose of transferring ownership. of the property.

When dealing with property rights, one cannot overlook the importance of Real Estate Registry Offices, which play a fundamental role within our legal system, ensuring the registration of rights, not being restricted to a mere deposit of documents, such as it occurs in the United States and France, for example, where the registration of double chains is not prevented, triggering, in turn, the generation of high acquisition costs due to the need to hire lawyers and insurance.

It is worth mentioning that, not by chance, the right to property appears in the list of fundamental rights, established in article 5 of the Constitution, since the right to housing, enshrined in article 6 of the CF, and the very dignity of the human person are connected to it. , whose principle is supported by article 1, inc. III of CF. For, only from the right to housing and the right to exercise property that arises from registration, can the aforementioned essential rights of the human being be structured.

Finally, in addition to the importance of registration for the transfer of ownership, the registration of real estate legal transactions outside the registration of the property is equally relevant, especially when dealing with private instruments of promise and commitment of purchase and sale , which do not lend themselves to registration, and consequently to the transfer of ownership, but allow the annotation that generates publicity and, as a consequence, erga omnes opposability, thus safeguarding the real right of the buyer of the property.