Property
Title passes only on registration at the Registro de Imóveis
In Brazil ownership of real property transfers only on registration of the deed at the competent Registro de Imóveis; the contract alone creates personal obligations, not title. Transfers require a public deed before a notary above a statutory value threshold, and the municipal ITBI transfer tax must be paid before registration. Rural land purchases by foreigners are restricted.
Key rules
- Jurisdiction — Federal civil law, with municipal transfer tax and local registries
- Deadline — ITBI must be paid before the deed is registered
- Deadline — Acquisitive prescription: five to 15 years depending on possession and good faith
Governing law
- Código Civil (Lei 10.406/2002) (arts. 1.227 and 1.245)
- Lei 6.015/1973 - Lei de Registros Públicos
- Lei 5.709/1971foreign acquisition of rural land
In practice
The registration-constitutive rule is the single most important practical point: a buyer who signs and pays but does not register has no real right and is vulnerable to a later registered purchaser. A certidão de matrícula from the property registry is the authoritative record of the chain of title and of any liens, and should be obtained immediately before closing.