Regularization and clarity are important for the rural inheritance
In Brazil, family conflicts involving rural properties intensified, especially when there is no succession planning. According to the lawyer Ana Paula Rezende, an expert in agri -food law, the main cause of these disputes is the absence of clarity on the inheritance of the patriarchs. “When the owner dies without defining who will manage or how the rural heritage will be divided, the differences arise among the heirs, often aggravated by the lack of knowledge of the business, the emotional issues and the appreciation of the earth,” he says.
To avoid problems, Ana Paula underlines that it is essential to regularize the property of the property with the competent agencies, to verify the land certificates, update the registration at the National Institute of Colonization and Agrarian Reform (Incra) and the Rural Environmental Register (CAR), as well as formalizing Notarian or judicial sharing. “It is also necessary to analyze the market and the value of each property. These phases avoid future questions,” he says.
Successful planning is the legal tool that allows you to organize the succession before the owner’s death. According to the lawyer, tools such as will, donation in life, establishment of grip Family and family protocols help to drastically reduce conflicts, ensuring clarity on the management and division of property.
Regularization
The expert underlines that the absence of regularization can bring various risks, such as the impossibility of the financing of banks, environmental problems, irregular sale and, in particular, the loss of the value of the property. In addition, the lack of agreement between the heirs often translates into long and expensive judicial disputes.
Cases that involve celebrities, such as the singer Zezé of Camargo (owner of the “It Love” farm, the property was the goal of the controversy between the artist and Zilu, his ex -wife, after the separation), contributed to giving visibility to the subject. “When a public figure has to face this type of situation, society perceives the importance of legal planning. This contributes to families who reflect on how to protect heritage and preserve family harmony,” he says.
For families who live in the city, but have inherited land, the expert recommends evaluating the reality of each case. It clarifies that if there is no interest or knowledge to touch the rural activity, the lease can be a solution, ensuring income without risk of poor management. The lawyer underlines that the most important thing is to maintain regular and productive properties, whether for its own use or third parties.
Ana Paula also explains that civil law deals with succession in general, while agricultural law observes the specificities of rural activity. The expert emphasizes that issues such as the social function of the earth, productivity, agrarian contracts and specific registers make the agricultural law crucial in the mediation of these conflicts.
Value of the property
According to the lawyer, it is important to know the real value of the property and keep the documentation updated. He underlines that it is essential to have the updated registration of the property, the car, the certificate of registration of the rural property (CCIR), the negative certificates and any guarantees, as well as verify the environmental regularity and the work of the farm. “Without this, the risk of fines, embargo and legal problems is very high,” he concludes.
Source: Terra
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