The gathering of certificates relating to real estate property owners adjacent can’t be required as a prerequisite for action lawsuits prescription. This was the understanding of the "Terceira Turma do Superior Tribunal de Justiça" (STJ), which held that the process can’t be canceled due to the absence of a certificate that is not imposed by law.

The action of adverse possession was filed by a woman against the Centro Redentor Filial, having as object an urban property of 441.54 m² in the neighborhood of Vera Cruz, in Belo Horizonte. The request was upheld at first instance, but the Tribunal de Justiça de Minas Gerais (TJMG), dismissed the case since the citation, because the author would not have proved the property to the confrontational immobile with the filing of certificates of registration of property on behalf of these neighbors.

In the special feature, the successor couple to the original author claimed the Article 942 of the "Código de Processo Civil" (CPC) has been violated; it does not require the demonstration of ownership of property adjacent, requiring only the citation of owners.

The rapporteur, Minister Sidnei Beneti , found that, under Article 942 of the CPC is required the filing of the documentation relating to real estate property subject of adverse possession, but not the certificates relating to neighbors.

"It is clear that the filing of the certificates concerning at the properties adjoining is valid, but can’t be required as a qualification for the processing of the case, being well known that in many cases, the own public records have not real indicator appropriate to certify, precisely, if the real estates’ are or not transcribed in the name of any owner", mused the minister.

Sidnei Beneti also noted that, according to the lawsuit, all neighboring property owners were cited and none of them had personally objection or opposition to the request of the author. In addition, pointed out that demonstrated the Trial Court that the couple maintains peaceful and uninterrupted possession of the property for over 30 years, during which significant improvements made ​​in the field.

By analyzing the requirement of certificates of real estate related coupled to neighboring landowners’ finds no support in Article 942 of the CPC, the Minister Sidnei Beneti ordered the cancellation of the court ruling miner and a new trial. The decision was unanimous.

Source: Conjur