Art. 448.  Division of things.

Art. 449.  Common things.

Common things may not be owned by anyone.  They are such as the air and the high seas that may be freely used by everyone conformably with the use for which nature has intended them.

Art. 450.  Public things.

Public things are owned by the state or its political subdivisions in their capacity as public persons.

Public things that belong to the state are such as running waters, the waters and bottoms of natural navigable water bodies, the territorial sea, and the seashore.

Public things that may belong to political subdivisions of the state are such as streets and public squares.

Art. 451.  Seashore.

Seashore is the space of land over which the waters of the sea spread in the highest tide during the winter season.

Art. 452.  Public things and common things subject to public use.

Public things and common things are subject to public use in accordance with applicable laws and regulations.  Everyone has the right to fish in the rivers, ports, roadsteads, and harbors, and the right to land on the seashore, to fish, to shelter himself, to moor ships, to dry nets, and the like, provided that he does not cause injury to the property of adjoining owners.

The seashore within the limits of a municipality is subject to its police power, and the public use is governed by municipal ordinances and regulations.

Art. 453.  Private things.

Private things are owned by individuals, other private persons, and by the state or its political subdivisions in their capacity as private persons.

Art. 454.  Freedom of disposition by private persons.

Owners of private things may freely dispose of them under modifications established by law.

Art. 455.  Private things subject to public use.

Private things may be subject to public use in accordance with law or by dedication.

Art. 456.  Banks of navigable rivers or streams.

The banks of navigable rivers or streams are private things that are subject to public use.

The bank of a navigable river or stream is the land lying between the ordinary low and the ordinary high stage of the water.  Nevertheless, when there is a levee in proximity to the water, established according to law, the levee shall form the bank.

Art. 457.  Roads; public or private.

A road may be either public or private.

A public road is one that is subject to public use.  The public may own the land on which the road is built or merely have the right to use it.

A private road is one that is not subject to public use.

Art. 458.  Works obstructing the public use.

Works built without lawful permit on public things, including the sea, the seashore, and the bottom of natural navigable waters, or on the banks of navigable rivers, that obstruct the public use may be removed at the expense of the persons who built or own them at the instance of the public authorities, or of any person residing in the state.

The owner of the works may not prevent their removal by alleging prescription or possession.

Art. 459.  Building encroaching on public way.

A building that merely encroaches on a public way without preventing its use, and which cannot be removed without causing substantial damage to its owner, shall be permitted to remain.  If it is demolished from any cause, the owner shall be bound to restore to the public the part of the way upon which the building stood.

Art. 460.  Construction of navigation facilities on public places by port commissions or municipalities.

Port commissions of the state, or in the absence of port commissions having jurisdiction, municipalities may, within the limits of their respective jurisdictions, construct and maintain on public places, in beds of natural navigable water bodies, and on their banks or shores, works necessary for public utility, including buildings, wharves, and other facilities for the mooring of vessels and the loading or discharging of cargo and passengers.

Art. 461.  Corporeals and incorporeals.

Corporeals are things that have a body, whether animate or inanimate, and can be felt or touched.

Incorporeals are things that have no body, but are comprehended by the understanding, such as the rights of inheritance, servitudes, obligations, and right of intellectual property.

Art. 462.  Tracts of land.

Tracts of land, with their component parts, are immovables.

Art. 463.  Component parts of tracts of land.

Buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees, are component parts of a tract of land when they belong to the owner of the ground.

Art. 464.  Buildings and standing timber as separate immovables.

Buildings and standing timber are separate immovables when they belong to a person other than the owner of the ground.

Art. 465.  Things incorporated into an immovable.

Things incorporated into a tract of land, a building, or other construction, so as to become an integral part of it, such as building materials, are its component parts.

Art. 466.  Component parts of a building or other construction

Things that are attached to a building and that, according to prevailing usages, serve to complete a building of the same general type, without regard to its specific use, are its component parts.  Component parts of this kind may include doors, shutters, gutters, and cabinetry, as well as plumbing, heating, cooling, electrical, and similar systems.

Things that are attached to a construction other than a building and that serve its principal use are its component parts.

Other things are component parts of a building or other construction if they are attached to such a degree that they cannot be removed without substantial damage to themselves or to the building or other construction.

Art. 467.  Immovables by declaration.

The owner of an immovable may declare that machinery, appliances, and equipment owned by him and placed on the immovable, other than his private residence, for its service and improvement are deemed to be its component parts.  The declaration shall be filed for registry in the conveyance records of the parish in which the immovable is located.

Art. 468.  Deimmobilization.

Component parts of an immovable so damaged or deteriorated that they can no longer serve the use of lands or buildings are deimmobilized.

The owner may deimmobilize the component parts of an immovable by an act translative of ownership and delivery to acquirers in good faith.

In the absence of rights of third persons, the owner may deimmobilize things by detachment or removal.

Art. 469.  Transfer or encumbrance of immovable.

The transfer or encumbrance of an immovable includes its component parts.

Art. 470.  Incorporeal immovables.

Rights and actions that apply to immovable things are incorporeal immovables.  Immovables of this kind are such as personal servitudes established on immovables, predial servitudes, mineral rights, and petitory or possessory actions.

Art. 471.  Corporeal movables.

Corporeal movables are things, whether animate or inanimate, that normally move or can be moved from one place to another.

Art. 472.  Building materials.

Materials gathered for the erection of a new building or other construction, even though deriving from the demolition of an old one, are movables until their incorporation into the new building or after construction.

Materials separated from a building or other construction for the purpose of repair, addition, or alteration to it, with the intention of putting them back, remain immovables.

Art. 473.  Incorporeal movables.

Rights, obligations, and actions that apply to a movable thing are incorporeal movables.  Movables of this kind are such as bonds, annuities, and interests or shares in entities possessing juridical personality.

Interests or shares in a juridical person that owns immovables are considered as movables as long as the entity exists; upon its dissolution, the right of each individual to a share in the immovables is an immovable.

Art. 474.  Movables by anticipation.

Unharvested crops and ungathered fruits of trees are movables by anticipation when they belong to a person other than the landowner.  When encumbered with security rights of third persons, they are movables by anticipation insofar as the creditor is concerned.

The landowner may, by act translative of ownership or by pledge, mobilize by anticipation unharvested crops and ungathered fruits of trees that belong to him.

Art. 475.  Things not immovable.

All things, corporeal or incorporeal, that the law does not consider as immovables, are movables.

Art. 476.  Rights in things.

One may have various rights in things:

1.  Ownership;

2.  Personal and predial servitudes; and

3.  Such other real rights as the law allows.

Art. 477.  Ownership; content

Ownership is the right that confers on a person direct, immediate, and exclusive authority over a thing.  The owner of a thing may use, enjoy, and dispose of it within the limits and under the conditions established by law.

Art. 478.  Resolutory condition; real right in favor of other person.

The right of ownership may be subject to a resolutory condition, and it may be burdened with a real right in favor of another person as allowed by law.  The ownership of a thing burdened with a usufruct is designated as naked ownership.

Art. 479.  Necessity of a person.

The right of ownership may exist only in favor of a natural person or a juridical person.

Art. 480.  Co-ownership.

Two or more persons may own the same thing in indivision, each having an undivided share.

Art. 481.  Ownership and possession distinguished.

The ownership and the possession of a thing are distinct.

Ownership exists independently of any exercise of it and may not be lost by nonuse.  Ownership is lost when acquisitive prescription accrues in favor of an adverse possessor.

Art. 482.  Accession.

The ownership of a thing includes by accession the ownership of everything that it produces or is united with it, either naturally or artificially, in accordance with the following provisions.

Art. 483.  Ownership of fruits by accession.

In the absence of rights of other persons, the owner of a thing acquires the ownership of its natural and civil fruits.

Art. 484.  Young of animals.

The young of animals belong to the owner of the mother of them.

Art. 485.  Fruits produced by a third person; reimbursement.

When fruits that belong to the owner of a thing by accession are produced by the work of another person, or from seeds sown by him, the owner may retain them on reimbursing such person his expenses.

Art. 486.  Possessor's right to fruits.

A possessor in good faith acquires the ownership of fruits he has gathered.  If he is evicted by the owner, he is entitled to reimbursement of expenses for fruits he was unable to gather.

A possessor in bad faith is bound to restore to the owner the fruits he has gathered, or their value, subject to his claim for reimbursement of expenses.

Art. 487.  Possessor in good faith; definition.

For purposes of accession, a possessor is in good faith when he possesses by virtue of an act translative of ownership and does not know of any defects in his ownership.  He ceases to be in good faith when these defects are made known to him or an action is instituted against him by the owner for the recovery of the thing.

Art. 488.  Products; reimbursement of expenses.

Products derived from a thing as a result of diminution of its substance belong to the owner of that thing.  When they are reclaimed by the owner, a possessor in good faith has the right to reimbursement of his expenses.  A possessor in bad faith does not have this right

Art. 489.  Apportionment of fruits.

In the absence of other provisions, one who is entitled to the fruits of a thing from a certain time or up to a certain time acquires the ownership of natural fruits gathered during the existence of his right, and a part of the civil fruits proportionate to the duration of his right.

Art. 490.  Accession above and below the surface.

Unless otherwise provided by law, the ownership of a tract of land carries with it the ownership of everything that is directly above or under it.

The owner may make works on, above, or below the land as he pleases, and draw all the advantages that accrue from them, unless he is restrained by law or by rights of others.

Art. 491.  Buildings, other constructions, standing timber, and crops.

Buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees may belong to a person other than the owner of the ground.  Nevertheless, they are presumed to belong to the owner of the ground, unless separate ownership is evidenced by an instrument filed for registry in the conveyance records of the parish in which the immovable is located.

Art. 492.  Separate ownership of part of a building.

Separate ownership of a part of a building, such as a floor, an apartment, or a room, may be established only by a juridical act of the owner of the entire building when and in the manner expressly authorized by law.

Art. 493.  Ownership of improvements

Buildings, other constructions permanently attached to the ground, and plantings made on the land of another with his consent belong to him who made them.  They belong to the owner of the ground when they are made without his consent.

When the owner of buildings, other constructions permanently attached to the ground, or plantings no longer has the right to keep them on the land of another, he may remove them subject to his obligation to restore the property to its former condition.  If he does not remove them within ninety days after written demand, the owner of the land may, after the ninetieth day from the date of mailing the written demand, appropriate ownership of the improvements by providing an additional written notice by certified mail, and upon receipt of the certified mail by the owner of the improvements, the owner of the land obtains ownership of the improvements and owes nothing to the owner of the improvements.  Until such time as the owner of the land appropriates the improvements, the improvements shall remain the property of he who made them and he shall be solely responsible for any harm caused by the improvements.

When buildings, other constructions permanently attached to the ground, or plantings are made on the separate property of a spouse with community assets or with separate assets of the other spouse and when such improvements are made on community property with the separate assets of a spouse, this Article does not apply.  The rights of the spouses are governed by Articles 2366, 2367, and 2367.1.

Art. 494.  Constructions by landowner with materials of another.

When the owner of an immovable makes on it constructions, plantings, or works with materials of another, he may retain them, regardless of his good or bad faith, on reimbursing the owner of the materials their current value and repairing the injury that he may have caused to him.

Art. 495.  Things incorporated in, or attached to, an immovable with

the consent of the owner of the immovable.

One who incorporates in, or attaches to, the immovable of another, with his consent, things that become component parts of the immovable under Articles 465 and 466, may, in the absence of other provisions of law or juridical acts, remove them subject to his obligation of restoring the property to its former condition.

If he does not remove them after demand, the owner of the immovable may have them removed at the expense of the person who made them or elect to keep them and pay, at his option, the current value of the materials and of the workmanship or the enhanced value of the immovable.

Art. 496.  Constructions by possessor in good faith.

When constructions, plantings, or works are made by a possessor in good faith, the owner of the immovable may not demand their demolition and removal.  He is bound to keep them and at his option to pay to the possessor either the cost of the materials and of the workmanship, or their current value, or the enhanced value of the immovable.

Art. 497.  Constructions by bad faith possessor.

When constructions, plantings, or works are made by a bad faith possessor, the owner of the immovable may keep them or he may demand their demolition and removal at the expense of the possessor, and, in addition, damages for the injury that he may have sustained.  If he does not demand demolition and removal, he is bound to pay at his option either the current value of the materials and of the workmanship of the separable improvements that he has kept or the enhanced value of the immovable.

Art. 498.  Claims against third persons

One who has lost the ownership of a thing to the owner of an immovable may assert against third persons his rights under Articles 493, 493.1, 494, 495, 496, or 497 when they are evidenced by an instrument filed for registry in the appropriate conveyance or mortgage records of the parish in which the immovable is located.

Art. 499.  Alluvion and dereliction.

Accretion formed successively and imperceptibly on the bank of a river or stream, whether navigable or not, is called alluvion.  The alluvion belongs to the owner of the bank, who is bound to leave public that portion of the bank which is required for the public use.

The same rule applies to dereliction formed by water receding imperceptibly from a bank of a river or stream.  The owner of the land situated at the edge of the bank left dry owns the dereliction

Art. 500.  Shore of the sea or of a lake.

There is no right to alluvion or dereliction on the shore of the sea or of lakes.

Art. 501.  Division of alluvion.

Alluvion formed in front of the property of several owners is divided equitably, taking into account the extent of the front of each property prior to the formation of the alluvion in issue.  Each owner is entitled to a fair proportion of the area of the alluvion and a fair proportion of the new frontage on the river, depending on the relative values of the frontage and the acreage.

Art. 502.  Sudden action of waters.

If a sudden action of the waters of a river or stream carries away an identifiable piece of ground and unites it with other lands on the same or on the opposite bank, the ownership of the piece of ground so carried away is not lost.  The owner may claim it within a year, or even later, if the owner of the bank with which it is united has not taken possession.

Art. 503.  Island formed by river opening a new channel.

When a river or stream, whether navigable or not, opens a new channel and surrounds riparian land making it an island, the ownership of that land is not affected.

Art. 504.  Ownership of abandoned bed when river changes course.

When a navigable river or stream abandons its bed and opens a new one, the owners of the land on which the new bed is located shall take by way of indemnification the abandoned bed, each in proportion to the quantity of land that he lost.

If the river returns to the old bed, each shall take his former land.

Art. 505.  Islands and sandbars in navigable rivers.

Islands, and sandbars that are not attached to a bank, formed in the beds of navigable rivers or streams, belong to the state.

Art. 506.  Ownership of beds of nonnavigable rivers or streams.

In the absence of title or prescription, the beds of nonnavigable rivers or streams belong to the riparian owners along a line drawn in the middle of the bed.

Art. 517.  Voluntary transfer of ownership of an immovable

The ownership of an immovable is voluntarily transferred by a contract between the owner and the transferee that purports to transfer the ownership of the immovable.  The transfer of ownership takes place between the parties by the effect of the agreement and is not effective against third persons until the contract is filed for registry in the conveyance records of the parish in which the immovable is located.

Art. 518.  Voluntary transfer of the ownership of a movable

The ownership of a movable is voluntarily transferred by a contract between the owner and the transferee that purports to transfer the ownership of the movable.  Unless otherwise provided, the transfer of ownership takes place as between the parties by the effect of the agreement and against third persons when the possession of the movable is delivered to the transferee.

When possession has not been delivered, a subsequent transferee to whom possession is delivered acquires ownership provided he is in good faith.  Creditors of the transferor may seize the movable while it is still in his possession.

Art. 519.  Transfer of action for recovery of movable.

When a movable is in the possession of a third person, the assignment of the action for the recovery of that movable suffices for the transfer of its ownership.

Art. 521.  Lost or stolen thing.

One who has possession of a lost or stolen thing may not transfer its ownership to another.  For purposes of this Chapter, a thing is stolen when one has taken possession of it without the consent of its owner.  A thing is not stolen when the owner delivers it or transfers its ownership to another as a result of fraud.

Art. 522.  Transfer of ownership by owner under annullable title.

A transferee of a corporeal movable in good faith and for fair value retains the ownership of the thing even though the title of the transferor is annulled on account of a vice of consent.

Art. 523.  Good faith; definition.

An acquirer of a corporeal movable is in good faith for purposes of this Chapter unless he knows, or should have known, that the transferor was not the owner.

Art. 524.  Recovery of lost or stolen things.

The owner of a lost or stolen movable may recover it from a possessor who bought it in good faith at a public auction or from a merchant customarily selling similar things on reimbursing the purchase price.

The former owner of a lost, stolen, or abandoned movable that has been sold by authority of law may not recover it from the purchaser.

Art. 525.  Registered movables.

The provisions of this Chapter do not apply to movables that are required by law to be registered in public records.

Art. 797.  Ownership in indivision; definition

Ownership of the same thing by two or more persons is ownership in indivision.  In the absence of other provisions of law or juridical act, the shares of all co-owners are presumed to be equal.

Art. 798.  Right to fruits and products

Co-owners share the fruits and products of the thing held in indivision in proportion to their ownership.

When fruits or products are produced by a co-owner, other co-owners are entitled to their shares of the fruits or products after deduction of the costs of production.

Art. 799.  Liability of a co-owner

A co-owner is liable to his co-owner for any damage to the thing held in indivision caused by his fault.

Art. 800.  Preservation of the thing

A co-owner may without the concurrence of any other co-owner take necessary steps for the preservation of the thing that is held in indivision.

Art. 801.  Use and management by agreement

The use and management of the thing held in indivision is determined by agreement of all the co-owners.

Art. 802.  Right to use the thing

Except as otherwise provided in Article 801, a co-owner is entitled to use the thing held in indivision according to its destination, but he cannot prevent another co-owner from making such use of it.  As against third persons, a co-owner has the right to use and enjoy the thing as if he were the sole owner.

Art. 803.  Use and management of the thing in the absence of agreement

When the mode of use and management of the thing held in indivision is not determined by an agreement of all the co-owners and partition is not available, a court, upon petition by a co-owner, may determine the use and management.

Art. 804.  Substantial alterations or improvements

Substantial alterations or substantial improvements to the thing held in indivision may be undertaken only with the consent of all the co-owners.

When a co-owner makes substantial alterations or substantial improvements consistent with the use of the property, though without the express or implied consent of his co-owners, the rights of the parties shall be determined by Article 496.  When a co-owner makes substantial alterations or substantial improvements inconsistent with the use of the property or in spite of the objections of his co-owners, the rights of the parties shall be determined by Article 497.

Art. 805.  Disposition of undivided share

A co-owner may freely lease, alienate, or encumber his share of the thing held in indivision.  The consent of all the co-owners is required for the lease, alienation, or encumbrance of the entire thing held in indivision.

Art. 806.  Expenses of maintenance and management

A co-owner who on account of the thing held in indivision has incurred necessary expenses, expenses for ordinary maintenance and repairs, or necessary management expenses paid to a third person, is entitled to reimbursement from the other co-owners in proportion to their shares.

If the co-owner who incurred the expenses had the enjoyment of the thing held in indivision, his reimbursement shall be reduced in proportion to the value of the enjoyment.

Art. 807.  Right to partition; exclusion by agreement

No one may be compelled to hold a thing in indivision with another unless the contrary has been provided by law or juridical act.

Any co-owner has a right to demand partition of a thing held in indivision.  Partition may be excluded by agreement for up to fifteen years, or for such other period as provided in R.S. 9:1702 or other specific law.

Art. 808.  Partition excluded

Partition of a thing held in indivision is excluded when its use is indispensable for the enjoyment of another thing owned by one or more of the co-owners.

Art. 809.  Judicial and extrajudicial partition

The mode of partition may be determined by agreement of all the co-owners.  In the absence of such an agreement, a co-owner may demand judicial partition.

Art. 810.  Partition in kind

The court shall decree partition in kind when the thing held in indivision is susceptible to division into as many lots of nearly equal value as there are shares and the aggregate value of all lots is not significantly lower than the value of the property in the state of indivision.

Art. 811.  Partition by licitation or by private sale

When the thing held in indivision is not susceptible to partition in kind, the court shall decree a partition by licitation or by private sale and the proceeds shall be distributed to the co-owners in proportion to their shares.

Art. 812.  Effect of partition on real rights

When a thing held in indivision is partitioned in kind or by licitation, a real right burdening the thing is not affected

Art. 813.  Partition in kind

When a thing is partitioned in kind, a real right that burdens the share of a co-owner attaches to the part of the thing allotted to him.

Art. 814.  Rescission of partition for lesion

An extrajudicial partition may be rescinded on account of lesion if the value of the part received by a co-owner is less by more than one-fourth of the fair market value of the portion he should have received.

Art. 815.  Partition by licitation

When a thing is partitioned by licitation, a mortgage, lien, or privilege that burdens the share of a co-owner attaches to his share of the proceeds of the sale.

Art. 816.  Partition in kind; warranty

When a thing is partitioned in kind, each co-owner incurs the warranty of a vendor toward his co-owners to the extent of his share.

Art. 817.  Imprescriptibility of action

The action for partition is imprescriptible.

Art. 818.  Other rights held in indivision

The provisions governing co-ownership apply to other rights held in indivision to the extent compatible with the nature of those rights.

Art. 936.  Continuation of the possession of decedent

The possession of the decedent is transferred to his successors, whether testate or intestate, and if testate, whether particular, general, or universal legatees.

A universal successor continues the possession of the decedent with all its advantages and defects, and with no alteration in the nature of the possession.

A particular successor may commence a new possession for purposes of acquisitive prescription.

Art. 3412.  Occupancy

Occupancy is the taking of possession of a corporeal movable that does not belong to anyone.  The occupant acquires ownership the moment he takes possession.

Art. 3413.  Wild animals, birds, fish, and shellfish

Wild animals, birds, fish, and shellfish in a state of natural liberty either belong to the state in its capacity as a public person or are things without an owner.  The taking of possession of such things is governed by particular laws and regulations.

The owner of a tract of land may forbid entry to anyone for purposes of hunting or fishing, and the like.  Nevertheless, despite a prohibition of entry, captured wildlife belongs to the captor.

Art. 3414.  Loss of ownership of wildlife

If wild animals, birds, fish, or shellfish recover their natural liberty, the captor loses his ownership unless he takes immediate measures for their pursuit and recapture.

Art. 3415.  Wildlife in enclosures

Wild animals or birds within enclosures, and fish or shellfish in an aquarium or other private waters, are privately owned.

Pigeons, bees, fish, and shellfish that migrate into the pigeon house, hive, or pond of another belong to him unless the migration has been caused by inducement or artifice.

Art. 3416.  Tamed wild animals

Tamed wild animals and birds are privately owned as long as they have the habit of returning to their owner.  They are considered to have lost the habit when they fail to return within a reasonable time.  In such a case, they are considered to have recovered their natural liberty unless their owner takes immediate measures for their pursuit and recapture.

Art. 3417.  Domestic animals

Domestic animals that are privately owned are not subject to occupancy.

Art. 3418.  Abandoned things

One who takes possession of an abandoned thing with the intent to own it acquires ownership by occupancy.  A thing is abandoned when its owner relinquishes possession with the intent to give up ownership.

Art. 3419.  Lost things

One who finds a corporeal movable that has been lost is bound to make a diligent effort to locate its owner or possessor and to return the thing to him.

If a diligent effort is made and the owner is not found within three years, the finder acquires ownership.

Art. 3420.  Treasure

One who finds a treasure in a thing that belongs to him or to no one acquires ownership of the treasure.  If the treasure is found in a thing belonging to another, half of the treasure belongs to the finder and half belongs to the owner of the thing in which it was found.

A treasure is a movable hidden in another thing, movable or immovable, for such a long time that its owner cannot be determined.

Art. 3421.  Possession

Possession is the detention or enjoyment of a corporeal thing, movable or immovable, that one holds or exercises by himself or by another who keeps or exercises it in his name.

The exercise of a real right, such as a servitude, with the intent to have it as one's own is quasi-possession.  The rules governing possession apply by analogy to the quasi-possession of incorporeals.

Art. 3422.  Nature of possession; right to possess

Possession is a matter of fact; nevertheless, one who has possessed a thing for over a year acquires the right to possess it.

Art. 3423.  Rights of possessors

A possessor is considered provisionally as owner of the thing he possesses until the right of the true owner is established.

Art. 3424.  Acquisition of possession

To acquire possession, one must intend to possess as owner and must take corporeal possession of the thing.

Art. 3425.  Corporeal possession

Corporeal possession is the exercise of physical acts of use, detention, or enjoyment over a thing.

Art. 3426.  Constructive possession

One who possesses a part of an immovable by virtue of a title is deemed to have constructive possession within the limits of his title.  In the absence of title, one has possession only of the area he actually possesses.

Art. 3427.  Presumption of intent to own the thing

One is presumed to intend to possess as owner unless he began to possess in the name of and for another.

Art. 3428.  Acquisition of possession through another

One may acquire possession of a thing through another who takes it for him and in his name.  The person taking possession must intend to do so for another.

Art. 3429.  Exercise of possession by another

Possession may be exercised by the possessor or by another who holds the thing for him and in his name.  Thus, a lessor possesses through his lessee.

Art. 3430.  Juridical persons

A juridical person acquires possession through its representatives.

Art. 3431.  Retention of possession; civil possession

Once acquired, possession is retained by the intent to possess as owner even if the possessor ceases to possess corporeally.  This is civil possession.

Art. 3432.  Presumption of retention of possession

The intent to retain possession is presumed unless there is clear proof of a contrary intention.

Art. 3433.  Loss of possession

Possession is lost when the possessor manifests his intention to abandon it or when he is evicted by another by force or usurpation.

Art. 3434.  Loss of the right to possess

The right to possess is lost upon abandonment of possession.  In case of eviction, the right to possess is lost if the possessor does not recover possession within a year of the eviction.

When the right to possess is lost, possession is interrupted.

Art. 3435.  Vices of possession

Possession that is violent, clandestine, discontinuous, or equivocal has no legal effect.

Art. 3436.  Violent, clandestine, discontinuous, and equivocal possession

Possession is violent when it is acquired or maintained by violent acts.  When the violence ceases, the possession ceases to be violent.

Possession is clandestine when it is not open or public, discontinuous when it is not exercised at regular intervals, and equivocal when there is ambiguity as to the intent of the possessor to own the thing.

Art. 3437.  Precarious possession

The exercise of possession over a thing with the permission of or on behalf of the owner or possessor is precarious possession.

Art. 3438.  Presumption of precariousness

A precarious possessor, such as a lessee or a depositary, is presumed to possess for another although he may intend to possess for himself.

Art. 3439.  Termination of precarious possession

A co-owner, or his universal successor, commences to possess for himself when he demonstrates this intent by overt and unambiguous acts sufficient to give notice to his co-owner.

Any other precarious possessor, or his universal successor, commences to possess for himself when he gives actual notice of this intent to the person on whose behalf he is possessing.

Art. 3440.  Protection of precarious possession

Where there is a disturbance of possession, the possessory action is available to a precarious possessor, such as a lessee or a depositary, against anyone except the person for whom he possesses.

Art. 3441.  Transfer of possession

Possession is transferable by universal title or by particular title.

Art. 3442.  Tacking of possession

The possession of the transferor is tacked to that of the transferee if there has been no interruption of possession.

Art. 3443.  Presumption of continuity of possession

One who proves that he had possession at different times is presumed to have possessed during the intermediate period.

Art. 3444.  Possessory action

Possession of immovables is protected by the possessory action, as provided in Articles 3655 through 3671 of the Code of Civil Procedure.

Possession of movables is protected by the rules of the Code of Civil Procedure that govern civil actions.

Art. 3445.  Kinds of prescription

There are three kinds of prescription: acquisitive prescription, liberative prescription, and prescription of nonuse.

Art. 3446.  Acquisitive prescription

Acquisitive prescription is a mode of acquiring ownership or other real rights by possession for a period of time.

Art. 3447.  Liberative prescription

Liberative prescription is a mode of barring of actions as a result of inaction for a period of time.

Art. 3448.  Prescription of nonuse

Prescription of nonuse is a mode of extinction of a real right other than ownership as a result of failure to exercise the right for a period of time.

Art. 3449.  Renunciation of prescription

Prescription may be renounced only after it has accrued.

Art. 3450.  Express or tacit renunciation

Renunciation may be express or tacit.  Tacit renunciation results from circumstances that give rise to a presumption that the advantages of prescription have been abandoned.

Nevertheless, with respect to immovables, renunciation of acquisitive prescription must be express and in writing.

Art. 3451.  Capacity to renounce

To renounce prescription, one must have capacity to alienate.

Art. 3452.  Necessity for pleading prescription

Prescription must be pleaded.  Courts may not supply a plea of prescription.

Art. 3457.  Prescription established by legislation only

There is no prescription other than that established by legislation

Art. 3458.  Peremption; effect

Peremption is a period of time fixed by law for the existence of a right.  Unless timely exercised, the right is extinguished upon the expiration of the peremptive period.

Art. 3460.  Peremption need not be pleaded

Peremption may be pleaded or it may be supplied by a court on its own motion at any time prior to final judgment.

Art. 3461.  Renunciation, interruption, or suspension ineffective

Peremption may not be renounced, interrupted, or suspended.

Art. 3462.  Interruption by filing of suit or by service of process

Prescription is interrupted when the owner commences action against the possessor, or when the obligee commences action against the obligor, in a court of competent jurisdiction and venue.  If action is commenced in an incompetent court, or in an improper venue, prescription is interrupted only as to a defendant served by process within the prescriptive period.

Art. 3463.  Duration of interruption; abandonment or discontinuance of suit

An interruption of prescription resulting from the filing of a suit in a competent court and in the proper venue or from service of process within the prescriptive period continues as long as the suit is pending.  Interruption is considered never to have occurred if the plaintiff abandons, voluntarily dismisses the action at any time either before the defendant has made any appearance of record or thereafter, or fails to prosecute the suit at the trial.

Art. 3464.  Interruption by acknowledgment

Prescription is interrupted when one acknowledges the right of the person against whom he had commenced to prescribe.

Art. 3465.  Interruption of acquisitive prescription

Acquisitive prescription is interrupted when possession is lost.

The interruption is considered never to have occurred if the possessor recovers possession within one year or if he recovers possession later by virtue of an action brought within the year.

Art. 3466.  Effect of interruption

If prescription is interrupted, the time that has run is not counted.  Prescription commences to run anew from the last day of interruption.

Art. 3467.  Persons against whom prescription runs

Prescription runs against all persons unless exception is established by legislation.

Art. 3469.  Suspension of prescription

Prescription is suspended as between: the spouses during marriage, parents and children during minority, tutors and minors during tutorship, and curators and interdicts during interdiction, and caretakers and minors during minority.

A "caretaker" means a person legally obligated to provide or secure adequate care for a child, including a tutor, guardian, or legal custodian.

Art. 3471.  Limits of contractual freedom

A juridical act purporting to exclude prescription, to specify a longer period than that established by law, or to make the requirements of prescription more onerous, is null.

Art. 3472.  Effect of suspension

The period of suspension is not counted toward accrual of prescription.  Prescription commences to run again upon the termination of the period of suspension.

Art. 3475. Requisites

The requisites for the acquisitive prescription of ten years are: possession of ten years, good faith, just title, and a thing susceptible of acquisition by prescription.        

Art. 3476.  Attributes of possession

The possessor must have corporeal possession, or civil possession preceded by corporeal possession, to acquire a thing by prescription.

The possession must be continuous, uninterrupted, peaceable, public, and unequivocal.

Art. 3477.  Precarious possessor; inability to prescribe

Acquisitive prescription does not run in favor of a precarious possessor or his universal successor.

Art. 3478.  Termination of precarious possession; commencement of prescription

A co-owner, or his universal successor, may commence to prescribe when he demonstrates by overt and unambiguous acts sufficient to give notice to his co-owner that he intends to possess the property for himself.  The acquisition and recordation of a title from a person other than a co-owner thus may mark the commencement of prescription.

Any other precarious possessor, or his universal successor, may commence to prescribe when he gives actual notice to the person on whose behalf he is possessing that he intends to possess for himself.

Art. 3479.  Particular successor of precarious possessor

A particular successor of a precarious possessor who takes possession under an act translative of ownership possesses for himself, and prescription runs in his favor from the commencement of his possession.

Art. 3480.  Good faith

For purposes of acquisitive prescription, a possessor is in good faith when he reasonably believes, in light of objective considerations, that he is owner of the thing he possesses.

Art. 3481.  Presumption of good faith

Good faith is presumed.  Neither error of fact nor error of law defeats this presumption.  This presumption is rebutted on proof that the possessor knows, or should know, that he is not owner of the thing he possesses.

Art. 3482.  Good faith at commencement of prescription

It is sufficient that possession has commenced in good faith; subsequent bad faith does not prevent the accrual of prescription of ten years.

Art. 3483.  Just title

A just title is a juridical act, such as a sale, exchange, or donation, sufficient to transfer ownership or another real right.  The act must be written, valid in form, and filed for registry in the conveyance records of the parish in which the immovable is situated.

Art. 3484.  Transfer of undivided part of an immovable

A just title to an undivided interest in an immovable is such only as to the interest transferred.

Art. 3485.  Things susceptible of prescription

All private things are susceptible of prescription unless prescription is excluded by legislation.

Art. 3486.  Immovables; prescription of thirty years

Ownership and other real rights in immovables may be acquired by the prescription of thirty years without the need of just title or possession in good faith.

Art. 3487.  Restriction as to extent of possession

For purposes of acquisitive prescription without title, possession extends only to that which has been actually possessed.

Art. 3488.  Applicability of rules governing prescription of ten years

The rules governing acquisitive prescription of ten years apply to the prescription of thirty years to the extent that their application is compatible with the prescription of thirty years.

Art. 3489.  Movables; acquisitive prescription

Ownership and other real rights in movables may be acquired either by the prescription of three years or by the prescription of ten years.

Art. 3490.  Prescription of three years

One who has possessed a movable as owner, in good faith, under an act sufficient to transfer ownership, and without interruption for three years, acquires ownership by prescription.

Art. 3491.  Prescription of ten years

One who has possessed a movable as owner for ten years acquires ownership by prescription.  Neither title nor good faith is required for this prescription.

CCP Art. 3655. Possessory Action           

The possessory action is one brought by the possessor of immovable property or of a real right therein to be maintained in his possession of the property or enjoyment of the right when he has been disturbed, or to be restored to the possession or enjoyment thereof when he has been evicted.

CCP Art. 3656.  Same; parties; venue

A plaintiff in a possessory action shall be one who possesses for himself.  A person entitled to the use or usufruct of immovable property, and one who owns a real right therein, possesses for himself.  A predial lessee possesses for and in the name of his lessor, and not for himself.

The possessory action shall be brought against the person who caused the disturbance, and in the venue provided by Article 80(1), even when the plaintiff prays for a judgment for the fruits and revenues of the property, or for damages.

CCP Art. 3657.  Same; cumulation with petitory action prohibited;

conversion into or separate petitory action by defendant

The plaintiff may not cumulate the petitory and the possessory actions in the same suit or plead them in the alternative, and when he does so he waives the possessory action.  If the plaintiff brings the possessory action, and without dismissing it and prior to judgment therein institutes the petitory action, the possessory action is abated.

When, except as provided in Article 3661(1)-(3), the defendant in a possessory action asserts title in himself, in the alternative or otherwise, he thereby converts the suit into a petitory action, and judicially confesses the possession of the plaintiff in the possessory action.

If, before executory judgment in a possessory action, the defendant therein institutes a petitory action in a separate suit against the plaintiff in the possessory action, the plaintiff in the petitory action judicially confesses the possession of the defendant therein.

CCP Art. 3658.  Same; requisites

To maintain the possessory action the possessor must allege and prove that:

(1)  He had possession of the immovable property or real right therein at the time the disturbance occurred;

(2)  He and his ancestors in title had such possession quietly and without interruption for more than a year immediately prior to the disturbance, unless evicted by force or fraud;

(3)  The disturbance was one in fact or in law, as defined in Article 3659; and

(4)  The possessory action was instituted within a year of the disturbance.

CCP Art. 3659.  Same; disturbance in fact and in law defined

Disturbances of possession which give rise to the possessory action are of two kinds: disturbance in fact and disturbance in law.

A disturbance in fact is an eviction, or any other physical act which prevents the possessor of immovable property or of a real right therein from enjoying his possession quietly, or which throws any obstacle in the way of that enjoyment.

A disturbance in law is the execution, recordation, registry, or continuing existence of record of any instrument which asserts or implies a right of ownership or to the possession of immovable property or of a real right therein, or any claim or pretension of ownership or right to the possession thereof except in an action or proceeding, adversely to the possessor of such property or right.

CCP Art. 3660.  Same; possession

A person is in possession of immovable property or of a real right therein, within the intendment of the articles of this Chapter, when he has the corporeal possession thereof, or civil possession thereof preceded by corporeal possession by him or his ancestors in title, and possesses for himself, whether in good or bad faith, or even as a usurper.

Subject to the provisions of Articles 3656 and 3664, a person who claims the ownership of immovable property or of a real right therein possesses through his lessee, through another who occupies the property or enjoys the right under an agreement with him or his lessee, or through a person who has the use or usufruct thereof to which his right of ownership is subject.

CCP Art. 3661.  Same; title not at issue; limited admissibility of evidence of title

In the possessory action, the ownership or title of the parties to the immovable property or real right therein is not at issue.

No evidence of ownership or title to the immovable property or real right therein shall be admitted except to prove:

(1)  The possession thereof by a party as owner;

(2)  The extent of the possession thereof by a party; or

(3)  The length of time in which a party and his ancestors in title have had possession thereof.

CCP Art. 3662.  Same; relief which may be granted successful plaintiff in judgment; appeal

A judgment rendered for the plaintiff in a possessory action shall:

(1)  Recognize his right to the possession of the immovable property or real right therein, and restore him to possession thereof if he has been evicted, or maintain him in possession thereof if the disturbance has not been an eviction;

(2)  Order the defendant to assert his adverse claim of ownership of the immovable property or real right therein in a petitory action to be filed within a delay to be fixed by the court not to exceed sixty days after the date the judgment becomes executory, or be precluded thereafter from asserting the ownership thereof, if the plaintiff has prayed for such relief; and

(3)  Award him the damages to which he is entitled and which he has prayed for.

A suspensive appeal from the judgment rendered in a possessory action may be taken within the delay provided in Article 2123, and a devolutive appeal may be taken from such judgment only within thirty days of the applicable date provided in Article 2087(1)-(3).

CCP Art. 3663.  Sequestration; injunctive relief

Sequestration of immovable property or of a real right therein involved in a possessory or petitory action during the pendency thereof is available under the applicable provisions of Chapter 1 of Title I of Book VII.

Injunctive relief, under the applicable provisions of Chapter 2 of Title I of Book VII, to protect or restore possession of immovable property or of a real right therein, is available to:

(1)  A plaintiff in a possessory action, during the pendency thereof; and

(2)  A person who is disturbed in the possession which he and his ancestors in title have had for more than a year of immovable property or of a real right therein of which he claims the ownership, the possession, or the enjoyment

Art. 526.  Recognition of ownership; recovery of the thing.

The owner of a thing is entitled to recover it from anyone who possesses or detains it without right and to obtain judgment recognizing his ownership and ordering delivery of the thing to him.

Art. 527.  Necessary expenses.

The evicted possessor, whether in good or in bad faith, is entitled to recover from the owner compensation for necessary expenses incurred for the preservation of the thing and for the discharge of private or public burdens.  He is not entitled to recover expenses for ordinary maintenance or repairs.

Art. 528.  Useful expenses.

An evicted possessor in good faith is entitled to recover from the owner his useful expenses to the extent that they have enhanced the value of the thing.

Art. 529.  Right of retention.

The possessor, whether in good or in bad faith, may retain possession of the thing until he is reimbursed for expenses and improvements which he is entitled to claim.

Art. 530.  Presumption of ownership of movable.

The possessor of a corporeal movable is presumed to be its owner.  The previous possessor of a corporeal movable is presumed to have been its owner during the period of his possession.

These presumptions do not avail against a previous possessor who was dispossessed as a result of loss or theft.

Art. 531.  Proof of ownership of immovable.

One who claims the ownership of an immovable against another in possession must prove that he has acquired ownership from a previous owner or by acquisitive prescription.  If neither party is in possession, he need only prove a better title.

Art. 532.  Common author.

When the titles of the parties are traced to a common author, he is presumed to be the previous owner.

Art. 784.  Boundary; marker.

A boundary is the line of separation between contiguous lands.  A boundary marker is a natural or artificial object that marks on the ground the line of separation of contiguous lands.

Art. 785.  Fixing of the boundary.

The fixing of the boundary may involve determination of the line of separation between contiguous lands, if it is uncertain or disputed; it may also involve the placement of markers on the ground, if markers were never placed, were wrongly placed, or are no longer to be seen.

The boundary is fixed in accordance with the following rules.

Art. 786.  Persons who may compel fixing of boundary.

The boundary may be fixed upon the demand of an owner or of one who possesses as owner.  It may also be fixed upon the demand of a usufructuary but it is not binding upon the naked owner unless he has been made a party to the proceeding.

Art. 787.  Lessee may compel lessor.

When necessary to protect his interest, a lessee may compel the lessor to fix the boundary of the land subject to the lease.

Art. 788.  Imprescriptibility of the right.

The right to compel the fixing of the boundary between contiguous lands is imprescriptible.

Art. 789.  Fixing of boundary judicially or extrajudicially.

The boundary may be fixed judicially or extrajudicially.  It is fixed extrajudicially when the parties, by written agreement, determine the line of separation between their lands with or without reference to markers on the ground.

Art. 791.  Liability for unauthorized removal of markers.

When the boundary has been marked judicially or extrajudicially, one who removes boundary markers without court authority is liable for damages.  He may also be compelled to restore the markers to their previous location.

Art. 792.  Fixing of boundary according to ownership or possession

The court shall fix the boundary according to the ownership of the parties; if neither party proves ownership, the boundary shall be fixed according to limits established by possession.

Art. 793.  Determination of ownership according to titles.

When both parties rely on titles only, the boundary shall be fixed according to titles.  When the parties trace their titles to a common author preference shall be given to the more ancient title.

Art. 794.  Determination of ownership according to prescription.

When a party proves acquisitive prescription, the boundary shall be fixed according to limits established by prescription rather than titles.  If a party and his ancestors in title possessed for thirty years without interruption, within visible bounds, more land than their title called for, the boundary shall be fixed along these bounds.

Art. 795.  Effect of boundary agreement.

When the boundary is fixed extrajudicially, the agreement of the parties has the effect of a compromise.

Art. 796.  Error in the location of markers; rectification.

When visible markers have been erroneously placed by one of the contiguous owners alone, or not in accordance with a written agreement fixing the boundary, the error may be rectified by the court unless a contiguous owner has acquired ownership up to the visible bounds by thirty years possession.

CCP Art. 3651.  Petitory action

The petitory action is one brought by a person who claims the ownership, but who is not in possession, of immovable property or of a real right therein, against another who is in possession or who claims the ownership thereof adversely, to obtain judgment recognizing the plaintiff's ownership.

CCP Art. 3652.  Same; parties; venue

A petitory action may be brought by a person who claims the ownership of only an undivided interest in the immovable property or real right therein, or whose asserted ownership is limited to a certain period which has not yet expired, or which may be terminated by an event which has not yet occurred.

A lessee or other person who occupies the immovable property or enjoys the real right therein under an agreement with the person who claims the ownership thereof adversely to the plaintiff may be joined in the action as a defendant.

A petitory action shall be brought in the venue provided by Article 80(1), even when the plaintiff prays for judgment for the fruits and revenues of the property, or for damages.

CCP Art. 3653.  Same; proof of title; immovable

To obtain a judgment recognizing his ownership of immovable property or real right therein, the plaintiff in a petitory action shall:

(1)  Prove that he has acquired ownership from a previous owner or by acquisitive prescription, if the court finds that the defendant is in possession thereof; or

(2)  Prove a better title thereto than the defendant, if the court finds that the latter is not in possession thereof.

When the titles of the parties are traced to a common author, he is presumed to be the previous owner.

CCP Art. 3654.  Proof of title in action for declaratory judgment, concursus, expropriation, or similar proceeding

When the issue of ownership of immovable property or of a real right therein is presented in an action for a declaratory judgment, or in a concursus, expropriation, or similar proceeding, or the issue of the ownership of funds deposited in the registry of the court and which belong to the owner of the immovable property or of the real right therein is so presented, the court shall render judgment in favor of the party:

(1)  Who would be entitled to the possession of the immovable property or real right therein in a possessory action, unless the adverse party proves that he has acquired ownership from a previous owner or by acquisitive prescription; or

(2)  Who proves better title to the immovable property or real right therein, when neither party would be entitled to the possession of the immovable property or real right therein in a possessory action.