I was dispossessed of my property, now what?
We all spend a large part of our lives yearning for achievements and achievements! Whether it's a well-regarded job, a trip around the world, starting a college, opening a business or even buying that long-awaited home for the comfort of our family, isn't it? In the words of Augusto Cury: “Conquests depend on 50% inspiration, creativity and dreams, and 50% discipline, hard work and determination. There are two legs that must walk together."
However, in some cases, what was supposed to be a dream come true turns out to be an immeasurable nightmare. We gather that sweaty “money”, we invest in a property that we like, and or, we acquire a “little piece of ground” for the construction of a house, thus fulfilling one of the countless dreams we have throughout our lives.
However, let's say that this property is also endorsed by other people and that a third party, without having any right to the thing that legitimizes your act, decides to force you to leave this property. In this case, we are facing a Possessive Shred.
But what is a possessory Esbulho?
How does it happen?
This is what we are going to understand:
Possessional Esbulho is an act by which the possessor is stripped of possession, that is, somehow he sees himself through a violent, clandestine act or even an abuse of trust, expelled from that possession he had under a certain thing , that possession that was exercised by him.
In this line of reasoning, it is understood that, in order for the dispossession to occur, the simple inconvenience or disturbance is not enough, it being imperative that the aggression be of such magnitude that the possessor loses that property previously owned.
Considering this concept, an example of dispossession can be used in the case where a man, woman, or a group of people enters a plot of land that is visually abandoned, occupies it, and establishes their dwelling there , without at any time possession of that place has been handed over to her.
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What can I do to regain ownership of my property?
Art. 1210, paragraph 1 of the Civil Code says that: "The possessor who is disturbed or dispossessed may maintain himself, or be returned by his own force, as long as he does so soon, as the acts of defense or effort, do not they can go beyond the unavailable to the maintenance or restitution of possession.”
That said, the owner is assured that he can act immediately to regain possession of the property by his own force. What is important to emphasize is that, according to the above-mentioned article, the possessor, when acting, cannot use coercive means against the shredder's life, but by legal means. This is the case of the person who suffered the embezzlement on his land and before filing a lawsuit chose to send an extrajudicial notification to the scavenger, warning him of the damages that may occur if he does not vacate the property.
Such an act is permissive by the Civil Code, as the possessor is trying to resolve the case in an amicable manner.
It is always advisable in this case, to seek an agreement between the parties to resolve this conflict, however if there is no agreement, article 560 of the CPC (Code of Civil Procedure) brings the hypothesis of repossession action, which specifically protects possession .
Prefer the cited article:
The possessor is entitled to be kept in possession in case of turbation and reinstatement in case of dispossession.
This must prove according to article 561 of the CPC:
Art. 561. It is up to the author to prove: I – his possession; II – the harassment or embezzlement practiced by the defendant; III – the date of the turbation or the dispossession; IV – the continuation of possession, although disturbed, in the maintenance action, or the loss of possession, in the reintegration action.
If all the above mentioned requirements of article 561 of the CPC are fulfilled, the action is proposed within 1 year and 1 day from the date of the dispossession, the judge will grant an immediate injunction. However, if the action does not take place within this period, it will follow the common procedure, pursuant to article 318 of the Code of Civil Procedure.
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