TALITA MARTINS
LAW FIRM
Legal and registry regularization to restore a property to full standing, and its owner to the freedom to sell it whenever they choose.
Irregularity is not the same as illegality or bad faith. A property can be irregular for common reasons: a construction never recorded on the title, a previous owner's probate never completed, long-standing possession without a deed, or a land subdivision carried out without proper registration. In any of these cases, the property physically exists, but legally it carries a pending issue that limits its full use.
The diagnosis starts with the title record: what's registered, what's missing, and what needs correcting. From there, regularization follows the legal path suited to the case, which may involve a boundary correction, recording a construction, adverse possession proceedings, probate and estate division, or a deed of recognition and transfer of possession, always with the goal of bringing the property to its correct registry standing.
A regularized property can be sold, financed, pledged as collateral, or included in an estate inventory without obstacles. Beyond market value, which tends to be lower for properties with pending issues, regularization protects succession: an irregular property tends to become an inherited problem, not just a transferred asset.
Owners of inherited properties with unfinished probate, unrecorded construction, land held under long-standing possession without formal title, and buyers who identified a pending issue during due diligence that needs to be resolved before the deal can move forward.
Depending on the nature of the issue, it may be possible to negotiate regularization as a condition of the contract, adjust the price, or advise walking away from the deal; the decision always rests with the client, based on a clear risk assessment.
In most cases, yes, but the path and the timeline vary with the nature of the issue. The initial diagnosis determines whether regularization is straightforward or requires additional administrative or judicial steps.
The first step is understanding exactly what the issue is and which path it requires.
DISCUSS REGULARIZING MY PROPERTY →