Recognition of adverse possession among heirs

Abstract

This article analyzes the legal possibility of adverse possession among co-heirs within the brazilian legal system,examining its legal foundations,requirements,and doctrinal and jurisprudential controversies. The research is based on the premise that,although possession exercised by an heir over inherited property is generally shared with other co-heirs, exceptional situations may arise in which exclusive possession, with animus domini, is established,allowing, the acquisition of ownership through adverse possession. the study aims to identify the circumstances in which adverse possession among heirs may be recognized, especially considering the undivided nature of the estate and the saisine principle. The methodology consists of bibliographic research and jurisprudential analysis, grounded in the federal constitution, the civil code, and precedents from the superior court of justice. The study concludes that the characterization of exclusive, public, continuous, and uncontested possession is essential for recognition of the institute, provided that the effective exclusion of the heirs from possessions of the property is clearly demonstrated.