ACQUISITIVE PRESCRIPTION (La. Civil Code Art. 3446) -- Acquisitive prescription is a mode of acquiring ownership or other real rights by possession for a period of time. It can apply to both the acquisition of land itself (fee ownership) or the acquisition of a servitude in land (charge against a thing or estate for the benefit of a person or other estate). Ownership and other real rights in immovable property may be acquired by prescription of TEN YEARS if the claimant can establish (1) actual possession of the land for 10 years, (2) good faith (reasonable belief that he owns the property), (3) just title (some type of written document sufficient to transfer ownership - deed, donation, exchange - valid in form and recorded in the parish where the land is located) and (4) the thing must be susceptible of acquisition through prescription (incidentally, all things are susceptible to prescription unless excluded by legislation). Ownership and other real rights in immovable property may also be acquired by prescription of THIRTY YEARS without the need for just title or possession in good faith. In other words, the person need only to prove that he has been in possession of the property for thirty years and that the thing is not legislatively prevented from being acquired through prescription. In this case, however, the possession extends only to that portion of the property that has been actually possessed (like inside a fence line).
Posted on: Thu, 24 Oct 2013 14:35:54 +0000
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