TITLE II REAL ACTIONS CHAPTER 1. ACTIONS TO DETERMINE OWNERSHIP OR POSSESSION 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 […]
Art. 3652. Same; parties; venue A. 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 […]
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 […]
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 […]
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 […]
Art. 3656. Same; parties; venue A. 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Art. 3662. Same; relief which may be granted successful plaintiff in judgment; appeal A. 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 […]
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 […]
Art. 3664. Mineral rights asserted, protected and defended as other immovables The owner of a mineral right may assert, protect, and defend his right in the same manner as the ownership or possession of other immovable property, and without the concurrence, joinder, or consent of the owner of the land or mineral rights. Amended by […]
Art. 3665. When mineral right owner may assert possessory action If the owner of a mineral right possesses his right by use or exercise according to its nature, he becomes entitled one year and a day from the date of commencement of his possession to assert the possessory action. Thereafter, if there has been no […]
Art. 3666. Loss of right to bring possessory action by owner of mineral right If after the owner of a mineral right has ceased possessing it by use or exercise according to its nature there is adverse possession of the land including the mineral right, the adverse possessor becomes entitled to bring the possessory action […]
Art. 3667. When proof of nonuse required in possessory action against owner of mineral right In a possessory action against the owner of a mineral right subject to the prescription of nonuse, one possessing land as owner under a title which on its face discloses the mineral right in question must allege and prove that […]
Art. 3668. When proof of nonuse not required in possessory action against claimant of mineral right In all cases other than those specified in Article 3667, one possessing land as owner need only allege and prove his quiet, uninterrupted possession for more than a year prior to assertion of a possessory action against one claiming […]
Art. 3669. Possessory action unavailable between owner of mineral servitude and owner of dependent mineral royalty In the event of a dispute between the owner of a mineral servitude and the owner of a mineral royalty burdening or alleged to burden the servitude in question, the possessory action is unavailable to either party, and the […]
Art. 3670. Real actions against mineral lessee unavailable to mineral lessor or possessor bound by lease One who has granted a mineral lease, or who possesses under a title subject to a mineral lease, whether or not the lease is disclosed by his act of acquisition, cannot assert the real actions against the lessee on […]
