Property transcription certificate: what is it for and how do I request it?

The property transcription certificate is a fundamental document in the legal and real estate context. Its main function is to prove the existence of records related to a specific property , ensuring legal security in transactions and preventing potential disputes over ownership.

In this article, we explain in detail what a property transcription certificate is, what it's for, how to obtain it, and when it's needed . Stay tuned.

What is the property transcription certificate?

A property transcription certificate is a document issued by the Real Estate Registry Office that presents the registration history of a property, especially those that do not yet have an individual registration. Until 1976, with the validity of the old Public Records Law (Decree No. 4,857/1939), properties were registered through so-called transcriptions .

With the enactment of Law No. 6,015/1973, known as the Public Records Law , the more modern and secure registration system was adopted. However, many older properties still maintain records in the form of transcripts.

Therefore, the transcription certificate is nothing more than the official reproduction of this record, containing all information pertinent to the property, such as descriptions, changes of ownership, transfers, encumbrances and liens.

What is the property transcription certificate for?

The property transcription certificate serves several purposes, all related to verifying the property's legal and registration status . Below, we highlight its main uses:

1. Proof of ownership: The certificate attests who is the legal owner of the property, based on the history of records made at the notary's office.
2. Legal security in transactions: Before buying, selling, or donating a property, it's essential to verify its legality. The certificate allows you to assess whether there are any outstanding issues, such as liens, mortgages, or legal disputes.
3. Regularization processes: In cases of old properties that do not yet have a registration, the transcription certificate is the first step to initiating land regularization, usucaption , or rectification processes.
4. Evidence in legal proceedings: It can be used as documentary evidence in legal actions related to possession or ownership of the property.
5. Financing Request: Financial institutions may require the presentation of the certificate for credit analysis, especially in transactions secured by the property itself.

When is a property transcription certificate required?

The certificate is especially necessary in the following cases:

• Old properties not yet converted to the registration system;
• Purchase and sale processes , when the property does not have a registration;
• Usucaption or land regularization actions ;
• Collection of historical information about the property, by lawyers, engineers or architects;
• Inventories and divisions, when the property is listed as transcribed.

What information is contained in the transcription certificate?

The certificate contains essential data that allows for the complete identification of the property and its registration history. Key information includes:

1. Property description: location, boundaries, boundaries and dimensions;
2. Transfers: list of property transfers made over time;
3. Previous and current owners;
4. Real encumbrances: mortgages, liens, easements, usufructs or any right affecting the property;
5. Notes on legal or administrative proceedings involving the property.

How do I request a property transcription certificate?

The request must be made directly to the Real Estate Registry Office where the property is registered. See the step-by-step instructions:

Identification of the competent registry office: The request must be made at the registry office in the district where the property is located.

Data presentation: Provide the registration number, full address, or owner's name. The more information you provide, the faster and more accurate the transcription will be located.

Payment of fees: Issuing the certificate is a paid service, the cost of which varies depending on the state and the registry office.

Delivery time: Typically, the certificate is ready within 3 to 10 business days, but this time may vary depending on the registry office's demand.

In addition to the physical version, many notary offices now offer digital certificates , with the same legal validity, speeding up the process of obtaining the document.

How do I convert a transcript into a license plate?

The process is called opening a property registration and occurs when the owner or interested party requests the registry office to migrate the property from the old system (transcription) to the current system (registration). To do this, it is generally necessary to present:

Updated transcription certificate;

• Personal documents;
• Property title ( public deed );
• Updated plan and descriptive report.

This procedure is essential to ensure that the property is regularized in accordance with current legislation, facilitating future transactions and preventing legal conflicts.

The property transcription certificate is an essential tool to ensure the regularity and security of real estate transactions involving assets not yet registered . Consulting and analyzing this document before any transaction is a recommended practice, especially for older properties.

In a scenario of growing appreciation for legal security and land regularization, understanding the function and importance of the transcription certificate is essential for owners, buyers, lawyers, and real estate professionals.