Wednesday 18 December 2019

Registering a house in Brazil

I posted some time ago about my house hunting in Brazil (House hunting in Brazil) and my paranoia about getting legal title when most properties did not appear to have any. I have a friend who bought a piece of land (two adjacent plots) 10 years ago with the intention of building a house, which would also serve as a language school, as at the time she was renting and not making enough to finance the construction as well.
To cut a long story short she was away for 6 years trying to raise enough money teaching in Europe to finish the construction - having only completed the foundations and the ground floor walls, no roof, before she left. Due to a change in circumstances she is now planning to sell the property, but like most here does not have title deeds (escritura), though she does have a legal document, which is a "Promesa de compra e venda" - Promise of sale and purchase. These are drawn up before final registration, and are legally binding between the two parties - the seller promises to transfer ownership of the property when the buyer finishes paying for it. Often land purchases are made in instalments, not necessarily with a legal mortgage but simply (ir)regular payments made by the buyer to the seller, so this document means the buyer retains title until payment is made in full, but guarantees that he transfers title upon completion! The process could take years.
The problem my friend is having is that this "promise" was made 10 years ago, and while still legally binding - and she paid in full at the time! - the land where she is was never zoned for residential building, and still, apparently, has not been formally scheduled as such by the local authorities. She went to the local land registry and was told that they cannot register her title, but that she could sell on the land - with another "promise" document, and the original vendor would still be liable to register the title in the new buyer's name, when and if registration become possible. It turns out that she, too, did not buy from the original seller (who was himself a lawyer!), but from the person he sold the plot to originally!
People here have an in-built distrust of the legal profession, so much of the legal processes are done at a "cartorio" (registry office), rather than using solicitors. When someone passes away often they die intestate (no will) so there is then a battle between the heirs - large families so could be several sons/daughters and even ex-wives/partners - and they will all try and lay claim to any land, often selling off plots rapidly to raise money. Two or three children sometimes sell the same plot, leaving future problems for the buyers, or the oldest child (or a brother/spouse/etc.) may come along later and claim that they were the real heir! All of these could be avoided by using solicitors, having a will, and so on - but without this "protection" it makes for years of litigation!
The land is officially in an Environmental Protection Area, so should never be zoned for residential, but there are around 100 houses in the area, most, if not all, without proper legal title - and some are large multi-bedroomed guest houses. Others are paying local council taxes, and have electric and water supplies, but IBAMA (Brazil's environment agency) is not happy that the council are allowing this construction to occur, and may, if they get government backing, take action against the "land" owners, though they have been trying for years. It is more than likely that they will have to back down and allow the council to zone it as residential, and then permit registration of title, but this could still take some years.
Everyone goes along believing that the system will eventually prevail and they are safe buying property on these "promises", and that they can register proper title at some later, unspecified date, which is something that I could never do!

Sunday 15 December 2019

Having a house-guest stay with you!

I have lived alone now for at least 15 years - my choice - and really enjoy the freedom it allows me. I can eat when I want, go to bed when I want (I am now retired), wander round the house in as little clothing as I want (not overlooked!!), and basically do exactly what I want, when I want! The past 10 years I have had someone stay here before 3 times - the first was my daughter and husband-to-be, visiting Brazil for the first time, and we only came to my house after doing some travelling round Brazil (Pantanal, Iguazu waterfall, etc.) and had shared accommodation in some places along the way, and they were only here for two or three days before having to return to the UK. The second was a friend who was leaving Brazil for 2 years, intending to return, and who left a lot of her belongings in my house - that was only for one night before I took her to the bus station to start her journey back to Europe. The third was my second cousin (daughter of my cousin), who I had not met before, but she was travelling the world and stayed a couple of nights. All 3 of these were uneventful, and quite enjoyable.
The friend who left the belongings is back - 6 years after she left - to sort her affairs out for a final time. We have known each other for over 10 years, and are good friends - she used to have permanent residence (though lost it because she was out of the country too long for medical reasons), and we had discussed ways she could help me get mine, even the suggestion of a "marriage of convenience", which we were seriously considering once she came back (within the 2 year limit, so that option is no longer available), so we are really good friends.
If I go and stay with anyone I follow their rules, or at least their routine - so if breakfast is at 07.00, then I am up at 06.50, unless they are happy for me to make my own (though personally I would not want to upset their routine), lunch at 12.30, then I am there helping, and dinner at 19.00, likewise. It is the third day, and there is a week to go, and my friend has been appearing after 08.30 (currently 09.00 and no sign of her!), and eventually eating breakfast around 09.30, so is not hungry by my lunchtime, and has been going out to meet other friends here she hasn't seen for years (and prospective property purchasers) in the evening, so out when I have my dinner. The last two nights she has returned after midnight, too! She told me yesterday she preferred a large meal at lunchtime as I eat too early, so she would be hungry again by midnight!
The reason she has been away so long is for her health, and she is suffering in the heat here after Europe, so prefers to do anything in the evening, not the heat of the day, but spends the day either sorting through the things she left here, or "resting" because of her health! But most of the time it is complaining about the heat, or how she cannot do the things she used to take for granted, or about how difficult it is proving to sell her property - people only want half the land, or to finance the purchase (paying her directly in instalments, not through a mortgage).
One way I could get permanent residence here is through marriage, but the past few days have taught me that after 15 years alone (not lonely, I hasten to add) I do not want to share my living space with anyone else, and am counting down the days till I get my "castle" back to myself!