State Act

Code of Comunidades of 1961

Art. 385 – The personnel entrusted with the work of organizing the cadastral survey, referred to in the articles 210 and 211, shall measure, demarcate and evaluate, along with the lands in possession of the comunidades, any lands that they think must have been encroached, in view of the measurement of its field, if any, and grant made by our government, emphyteusis granted by the comunidade and adjoining private properties. §1. The certificates of those measurements, previously obtained from the competent offices by the managing committees, shall be kept at the disposal of the personnel entrusted with the work of cadastral survey, at the beginning of the respective works, attaching to them any other documents that may clarify the matter, whether or not requested by the same personnel. §2. Before starting the work of measurement, the alleged encroachers shall be notified to appear at the respective place, on the day and hours fixed in order to assist during the measurement and evaluation of the respective lands, failing which the works will be carried out in their absence. §3. It is the duty of the managing committee to order those notifications to be issued by the clerk of the comunidade or functionary in charge of the parish (Regedor) where those individuals reside, in terms of the Code of Civil Procedure (Código de Processo Civil). §4. When the encroacher does not agree with the value assigned to the land or to the area calculated, he can apply to the administrator to verify the same area and value it again at his own cost, through the experts, one of whom shall be appointed by the applicant, other by the comunidade and the third by the administrator. §5. The grant referred to in the preceding paragraph shall not be effected unless the applicant signs before the managing committee a declaration that he agrees to redeem the encroachment of land, in any of the forms established in article 387, by applying for rectification.