Real Estate Business

Capa Negocios Imobiliarios

Real Estate Business

Legal certainty at every stage of your real estate transaction

From contract to deed, every detail needs to lead to a secure transaction.

We provide legal advisory services in real estate transactions involving urban and rural properties. We review documents, contracts, and registry matters so every transaction is carried out with clarity, security, and predictability.

We handle property purchase and sale, title regularization, judicial and extrajudicial adverse possession claims, real estate development, and project development. We monitor every stage to prevent risk and avoid future surprises.

Frequently Asked Questions

How long does an extrajudicial adverse-possession process take?

The timeline varies depending on the complexity of the case and how efficient the notary’s office is, but generally speaking, extrajudicial adverse possession tends to be significantly faster than the judicial route. The process involves submitting documents (title, survey, descriptive report, certificates, witness statements), an opinion from the supervising judge, and registration by the registrar. When the documentation is complete and there are no challenges, the process can be completed in a few months. In cases with registry issues, boundary disputes, or objections, the timeline can extend. We assess each situation to estimate a realistic timeline and plan the necessary steps.

The rationale for the extrajudicial route is keeping matters out of court. By avoiding the courts, we save on court costs and time. Our work focuses on assembling a flawless file that leaves the registrar no room for doubt, ensuring the client obtains full, secure, and permanent title, turning possession into full ownership with all the rights that come with it.

Do you handle real estate development projects from the very start?

Yes. We provide advisory services for real estate development starting from the project’s conception, which includes assessing the legal feasibility of the land, checking zoning and environmental restrictions, drafting and registering the development declaration, structuring sales contracts, and managing registry matters with the property registry office. Being involved from the outset lets us identify and address risks before they become obstacles, ensuring every stage of the development proceeds with legal certainty and predictability. We also handle regularizing any issues that arise as the project develops.

The logic behind full-service advisory work is shielding the development. We work to ensure the segregated project assets (patrimônio de afetação) are properly established, protecting the project’s cash flow from risks tied to the developer’s business. This gives security to the investor, the buyer, and the financing bank, ensuring the project’s commercial and legal success from start to finish.

How does regularizing a property with registry issues work?

Regularizing a property with registry issues depends on the nature of the problem — it can involve correcting boundary/area records, subdivision, consolidation, registering construction, regularizing an unregistered chain of transfers, or even an adverse-possession action. The first step is a full registry diagnosis, reviewing the title and the chain of transfers to identify every outstanding issue and its cause. From there, we structure a regularization plan that may combine administrative steps at the registry office with judicial measures, depending on the case. The goal is to achieve registry certainty and free disposal of the property.

Failing to regularize a property prevents the execution of public deeds and the registration of security interests (mortgages or fiduciary liens). The consequence of keeping a property irregular is legal uncertainty for heirs and extreme difficulty completing any formal real estate transaction, exposing the owner to municipal administrative fines.

The rationale behind regularization is increasing the asset’s value. A regularized property is a liquid, secure asset. Our technical work removes the bureaucratic and legal obstacles that stand in the way of fully exercising property rights, ensuring the registry accurately reflects the physical and legal reality of the property and protecting the client’s assets against third-party claims.